The court granted interim bail due to the non-production of the Chemical Analysis Report, emphasizing the necessity of timely reporting under the Narcotic Drugs and Psychotropic Substances Rules.

ORDER

This Bail Application is filed under Section 439 of Criminal Procedure Code , 1973.

2. Petitioner is the accused in S.C.No.1083 of 2023 of Additional District Court & Sessions Court-VII, Ernakulam. The above case is charge sheeted against the petitioner alleging offence punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. When this bail application came up for consideration on 19.01.2024, this Court passed the following order;

“The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.664/2023 of the Ernakulam Town North Police Station, Ernakulam, registered against the accused (two in number) for allegedly committing the offence punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (in short, the Act). The petitioner was arrested on 10.04.2023.

2. The essence of the prosecution case, is that: around 7.30 p.m. on 10.04.2023, the accused 1 and 2 were found in possession of 13.13 grams of MDMA. Thus, the accused have committed the above offences.

3. When the bail application came up for consideration on 23.11.2023, the learned counsel appearing for the petitioner emphatically submitted that the contraband that was allegedly seized from the accused is not MDMA, but only Methamphetamine. In the light of the above submission, this Court directed the respondent to produce the Chemical Analysis Report. Notwithstanding the above direction, the report was not filed. Again on 10.01.2024, this Court directed the respondent to produce the Chemical Analysis Report on or before 19.01.2024. Accordingly, the bail application was posted to today.

Today also the report is not forthcoming.

4. Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling, and Disposal) Rules , 2022, postulates the expeditious test of the samples. The Chemical Laboratories are obliged to submit the report to the court of Magistrate with a copy to the investigating officer within fifteen days from the date of receipt of the sample.

5. It is brought to my notice that, this Court has passed several orders directing the Government to take urgent steps to implement the above provision of law. Despite the above directions and the Government undertaking to do the same on a war footing; nothing seems to be forthcoming.

6. In view of the non-production of the Chemical Analysis Report, and in the light of the mandate under Rule 14 as stated above, I am of the definite view that the petitioner is entitled to be released on interim bail for a period of one month.

7. In the result, the petitioner is released on interim bail for a period of one month, subject to the condition that the petitioner executes a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the Court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m until further orders;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.”

4. Today, when the matter came up for consideration, the