Sharook.S vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No.31 of 2023 of Kodungallur Excise Range Office, Thrissur. He allegedly had committed a offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that at about 12.15 pm on 19.06.2023 the petitioner was found in possession of 20.400 grams of MDMA at his residential house in Perinjanam Gramapanchayath, where he was residing at the event.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that the sample collected from the contraband in possession of the petitioner was examined in the Chemical Examiner’s Laboratory, Kakkanad and the report thereof is made available. As per the report, the sample was Methamphetamine and not MDMA. It is however contended that this petition deserve only to be dismissed.

The petitioner was granted interim bail as per the order dated 26.09.2023. The said interim order of bail was extended from time to time.

Since the contraband is found to be Methamphetamine, the quantity of the psychotropic substance is an intermediate quantity and the offence is punishable under Section 22(b) of the NDPS Act.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the aforementioned circumstances, I am therefore of the view that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.