Judgment · High Court

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 BY SRI.C.S.HRITHWIK, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

29.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BAIL APPL.NO.4788 OF 2024 -: 2 :-

O R D E R Dated this the 29 th day of July , 202 4 The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.9/2024 of the Excise Enforcement and Anti Narcotic Squad, Ernakulam, which is registered against the accused, for allegedly committing the offences punishable under Sections 22(c), 25 and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 08.02.2024.

The gist of the prosecution case is that; on

08.02.2024, at around 19:45 hrs., the accused were found in possession of 43.3031 gms. of MDMA in a hotel room in Ernakulam. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences. BAIL APPL.NO.4788 OF 2024 -: 3 :-

Heard; Sri. Mansoorali, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to substantiate the petitioner's involvement in the case. Now, the petitioner has reliably learnt that the contraband involved in the case is Methamphethamine and not MDMA. When the application came up for consideration on

28.06.2024, this Court, considering the fact that the Investigating Officer had failed to produce the Chemical Analysis Report, enlarged the petitioner on interim order by the order dated 28.06.2024. Therefore, the petitioner is now on interim bail. The interim order may be made BAIL APPL.NO.4788 OF 2024 -: 4 :- absolute because the contraband involved in the case is Methamphetamine, which is of an intermediate quantity.

The learned Public Prosecutor seriously opposed the application. He submitted that the investigation in the case is in progress. He also stated that if the petitioner is released on bail, there is every likelihood of him committing a similar offence. Hence, the application may be dismissed. Nonetheless, he made available the Chemical Analysis Report dated 06.04.2024 issued by the Chemical Examiner's Laboratory Department, Kakkanad, which substantiates the fact that the contraband involved in the case is Methamphetamine and not MDMA.

The prosecution case is that; the accused were found in conscious possession of 43.3031 gms. of MDMA, which is of a commercial quantity. Now, as per the Chemical Analysis Report, it has turned out that the contraband involved in the case is Methamphetamine. BAIL APPL.NO.4788 OF 2024 -: 5 :- Therefore, the contraband involved in the case is of an intermediate quantity. Indisputably, the petitioner does not have any criminal antecedents.

Taking into consideration the submission made by the learned counsel appearing for the petitioner that the contraband involved in the case is only a neutral substance and not MDMA and due to the non-production of the Chemical Analysis Report, by order dated 28.06.2024, this Court enlarged the petitioner on interim bail, subject to the conditions mentioned in the said order. Now, it has turned out that the contraband involved in the case is Methamphetamine and not MDMA.