AI Structured Summary
Not yet generated for this judgment
Judgment
C.S.Dias, J
The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the first accused in Crime No. 450/2024 of the Panangad Police Station, Ernakulam, which is registered against the accused persons for allegedly committing the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 30.5.2024, and he was enlarged on interim bail as per the order dated 08.08.2024 in the present application.
The gist of the prosecution case is that: on 30.05.2024, the accused were found in conscious possession of 22.84 grams of MDMA. The first accused was arrested on the spot with the contraband article. Thus, the accused have committed the above offences.
Heard; Sri. Mansoorali, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.
When the bail application came up for consideration on 29.07.2024, this Court taking note of the mandate under Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling, and Disposal) Rules, 2022, and the law laid down in Anuraj vs. State of Kerala [2024 KHC Online 399], directed the Investigating Officer to submit the chemical analysis report on or before 08.08.2024, failing which the petitioner would be enlarged on bail. But the Investigating Officer failed to submit the chemical analysis report. Accordingly, by order dated 08.08.2024, this Court enlarged the petitioner on interim bail.
Today, when the application was taken up for consideration, the learned Public Prosecutor handed over the chemical analysis report dated 02.8.2024 submitted by the Chemical Examiner’s Laboratory Department, Kakkanad, Ernakulam, which substantiates that the contraband involved in the case is ‘Methamphetamine’ and not ‘MDMA’. Therefore, the contraband involved in the case is of an intermediate quantity. The petitioner does not have any criminal antecedents.
On an overall consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly on considering the fact that the contraband involved in the case is of an intermediate quantity, the petitioner has already been enlarged on interim bail by order dated 08.08.2024, the investigation in the case is practically complete, and recovery has been effected, I am of the firm view that the application is only to be allowed by making the interim order dated 08.08.2024 absolute.
In the result, the bail application is allowed by making the interim order dated 08.08.2024 absolute. The petitioner shall adhere to the conditions in the interim order.