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2024 Supreme(Online)(Ker) 64062
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ASWANTH P S – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 5988/2025
P.A.MOHAMMED ASLAM, RAMSHAD K.R., ARTHUR B. GEORGE, MUHAMMED RISWAN K.A., ABDUL SAMAD P.B., SHAHIN BADUSHA, E.B.THAJUDDEEN, SARATH SASI, MIDHUN MOHAN, VIPIN M.V., MOHAMMED MUBARAK A.I., IRSHAD V.P., SRI. E C BINEESH, PP
The accused is entitled to statutory bail as the quantity of Methamphetamine is classified as intermediate and the final report has not been filed.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22(c) - Bail application - Accused found in possession of 13.890 grams of Methamphetamine, classified as an intermediate quantity - The court noted that the contraband was not MDMA as initially alleged, thus affecting the bail consideration. (Paras 1-10)
(B) Statutory Bail - The accused is entitled to statutory bail as he has been in judicial custody since 09.02.2025 and the final report has not been filed. (Paras 10)
Facts of the case:
The petitioner was arrested on 09.02.2025 for possession of 13.890 grams of MDMA, later identified as Methamphetamine, which is less than the commercial quantity.
Findings of Court:
The petitioner is entitled to statutory bail due to the nature of the substance and the duration of custody.
Issues: Whether the accused is entitled to bail given the classification of the substance and the duration of custody.
Ratio Decidendi: The court held that the accused is entitled to statutory bail as the quantity of Methamphetamine is less than commercial and the final report is pending.
Result: Petition for bail allowed.
ORDER
This is an application for regular bail filed under Section 483 of the Bharathiya Nagarik Suraksha Sanhita, 2023 by the petitioner/accused involved in Crime No.12/2025 of Excise Range Office, North Paravur. The offences alleged against the petitioner are punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
2. Prosecution case is that on 08.02.2025 at about 07.55 P.M, the accused was found in possession of 13.890 grams of MDMA which he was carrying for the purpose of sale and thereby the accused committed the above said offence.
3. The petitioner/accused was arrested on 09.02.2025 and he is in judicial custody since then.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner/accused pointed out that, as per the Chemical Analysis Report, the contraband allegedly seized from the accused was found to be Methamphetamine and therefore, it is of intermediate quantity and not commercial quantity. It is further submitted that the petitioner/ accused is ready to comply with any condition that may be imposed by this Court and he may be released on bail.
6. The learned Public Prosecutor opposed the application. But the Public Prosecutor conceded that, in the Chemical Examination Report, it is found that the contraband seized is Methamphetamine, and the test for MDMA was found negative.
7. The samples collected by the Investigating Officer from the contraband were sent for analysis to the Chemical Examiners Laboratory Department, Regional Chemical Examiner's Laboratory, Kakkanad, Ernakulam and the FSL report has been received. As per the FSL report, Methamphetamine was detected in the samples sent for analysis. It is also reported that MDMA was not detected in the samples.
8. Section 2(xxiii) defines “psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule.
9. Methamphetamine is a psychotropic substance as defined in Section 2 (xxiii) and it is shown at entry No.19 in the schedule of the Psychotropic Substances Act.
10. In the case at hand, the quantity of Methamphetamine seized is 13.890 grams, i.e., less than commercial quantity. The quantity seized from the accused as per the prosecution case is intermediate quantity. The final report has not been filed so far. Therefore, the petitioner/accused, who is in judicial custody from 09.02.2025 onwards, is entitled for statutory bail.
Hence, this petition for bail stands allowed on the following conditions:
1. Petitioner/accused shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like-sum before the jurisdictional Court.
2. Petitioner/accused shall appear before the investigating officer on every Saturday in between 9 a.m. and 11 a.m. for a period of three months or till final report is filed whichever is earlier.
3. Petitioner/accused shall not leave the State of Kerala without the permission of the jurisdictional Court. Petitioner/accused shall surrender his passport before the jurisdictional Court within 3 days of his release and if he has no passport, he shall file an affidavit to that effect.
4. Petitioner/accused shall not influence or intimidate the witnesses and tamper with the evidence.
5. Petitioner/accused shall not get involved in any similar crime while on bail.
It is made clear that violation of any of the conditions stipulated above will result in the cancellation of bail and the investigating officer can approach the jurisdictional court for cancellation of bail.
