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2025 Supreme(Online)(KER) 7992

HIGH COURT OF KERALA
C.S. DIAS, J
NOUFAL – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 8600/2024



Advocates:
For the Appellants/Petitioners: SRI.C.Y.VINOD KUMAR, SRI.AADIL NAZARUDEEN
For the Respondents: SRI.B.S.SYAMANTHAK, PP

A bail application can be granted when the investigation is complete and the contraband quantity is intermediate.

Headnote:The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail. The court directed the production of a chemical analysis report, ultimately determining that the contraband involved is methamphetamine, categorized as an intermediate quantity. The interim bail given previously is made absolute based on the completeness of the investigation and the nature of the contraband. The ruling confirms the interim order allowing the bail application.

Table of Content
1. application for bail under section 483 of bharatiya nagarik suraksha sanhita. (Para 1 , 2)
2. contraband classified as methamphetamine in intermediate quantity. (Para 4)
3. court ruling to make interim bail order absolute. (Para 5 , 6)

O R D E R

Dated this the 06th day of March, 2025 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to enlarge the petitioner on bail.

2. When the bail application came up for consideration on 15.11.2024, this Court directed the Investigating Officer to produce the chemical analysis report in view of the mandate under Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling, and Disposal) Rules, 2022, and the decision of this Court in Anuraj vs. State of Kerala [2024 KHC Online 399]. This Court treated the bail application as part-heard and posted the case to 25.11.2024 for production of the chemical analysis report. Since, the chemical analysis report was not produced on the said day, this Court enlarged the petitioner on interim bail. The said order has been extended from time to time due to non-production of the bail order.

3. Notwithstanding the order dated 15.11.2024, the bail application came up for consideration before another learned Single Judge on 05.03.2025, who was not inclined to extend the interim order. Consequently, the application was posted before this Bench, since the matter is treated as part-heard. Accordingly, I took up the bail application for consideration.

4. The learned Public Prosecutor has handed over the chemical analysis report, which shows that the contraband is methamphetamine and not MDMA. Therefore, the contraband involved in the case is of an intermediate quantity.

5. Heard; the learned counsel appearing for the petitioner and the learned Public Prosecutor.

6. 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, the investigation in the case is practically complete, and recovery has been effected, I am of the firm view that the interim order dated 25.11.2024 is to be made absolute.

In the result, the bail application is allowed by making the interim order dated 25.11.2024 absolute. The petitioner shall adhere to the conditions in the interim order of bail.

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