High CourtsSingle Bench(2023) 12 KL CK 0170

Mansoor vs State Of Kerala

High Court Of Kerala · Decided on 18 December 2023

HON’BLE JUDGES
V.G.Arun, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 5765 Of 2023

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Judgment

8 paragraphs · 245 words

V.G.Arun J.

1.

The petitioner is the sole accused in Crime No.896 of 2023 of Kottiyam Police Station, Kollam, registered for the offence punishable under Section 22(c) of the NDPS Act. The crime was registered on the allegation that, on 10/06/2023 at 9.30 AM, the petitioner was found in possession of 27.42 grams of MDMA concealed for the purpose of sale. The petitioner was arrested on 10/06/2023 itself and is in judicial custody.

2.

By order dated 13/10/2023, the petitioner was granted interim bail for one month, since that the FSL report was not received even after four months of registration of the crime.

3.

Today, when the matter is taken up for consideration, learned Counsel for the petitioner submitted that the chemical analysis report is received and as per the report, contraband seized is not MDMA, but methamphetamine. It is submitted that, even if for the sake of argument it is accepted that the contraband was seized, the methamphetamine is only of intermediary quantity.

4.

I heard the learned Public Prosecutor also.

5.

On  a  specific  query  by  the  court,  learned  Public Prosecutor submitted that, the petitioner has no criminal antecedents.

6.

The contraband seized being methamphetamine, which is of intermediary quantity and no criminal antecedents having been reported against the petitioner, I am inclined to make an interim bail order absolute.

In the result, the bail application is allowed. The petitioner shall strictly comply with the conditions imposed in the interim bail order.