IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 14^TH DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 BAIL APPL. NO. 2023 OF 2024 CRIME NO.491/2023 OF Kayamkulam Police Station, Alappuzha PETITIONER/S:

SANJU, AGED 33 YEARS S/O SAJI, MALAVILA VADAKATHIL, KADUVINAL PO, VALLIKUNNAM, MAVELIKARA, ALAPPUZHA, PIN - 690501 BY ADVS.

P.THOMAS GEEVERGHESE AMRUTHA K.P. SRADHA MOHAN SAGAR ROSHAN RESPONDENT/S:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

Sr PP Smt Seetha S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

14.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS,J ======================

BA No.2023 of 2024 -----------------------------------

Dated this the 14^th day of June, 2024

O R D E R

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.491/2023 of the Kayamkulam Police Station, Alappuzha, registered against him, for allegedly committing the offences punishable under Section 20(b) (ii) (C) read with Sec.8(c) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner was arrested on 19.5.2023.

2. The crux of the prosecution case is that; on

19.5.2023, at around 9.30 a.m, the Sub Inspector of Police got secret information that the accused was carrying on sale of MDMA. Accordingly, a search was conducted and 84.24 grams of MDMA was recovered from three packets from the accused. Thus, the accused has committed the above offences. It is reported that subsequently the contraband was found to be methamphetamine and not MDMA.

3. Heard; Sri.P.Thomas Geeverghese, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Senior Public Prosecutor.

4. 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 fact that the contraband was seized from the petitioner. Moreover, the Investigating Officer, out of his previous animosity towards the petitioner, has fabricated the present case. The investigation in the case is practically complete, recovery has been effected and final report has been laid as early as on 20.8.2023. The case stands presently numbered as SC No.865/2023 and is pending on the file of the Court of the Additional Sessions Judge-III, Mavelikkara. Therefore, the petitioner’s further detention is unnecessary. Hence, the petitioner may be released on bail.

5. The learned Public Prosecutor opposed the application. The Investigating Officer has filed a bail objection report opposing the application. The Investigating Officer has contended that there are incriminating materials to substantiate the petitioner’s involvement in the crime. Moreover, the petitioner is a person with criminal antecedents since he is involved in 19 other crimes of different Police Stations, including four cases for committing the offences under the NDPS Act. Therefore, the petitioner does not qualify the second limb under Sec.37 of the Act. If the petitioner is released on bail, there is every likelihood of him committing a similar offence. Hence, the application may be dismissed. 6. The prosecution allegation against the petitioner is that he was found in conscious possession of 84.24 grams of methamphetamine. Indisputably, the contraband involved in the case is of a commercial quantity.

. Section 37 of the Narcotic Drugs and Psychotropic

7 Substances Act, 1985, regulates the grant of bail in cases involving offences under the Act. It is profitable to extract Section 37, which reads as follows:

“37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the Criminal Procedure Code, 1973 (2 of 1974),— (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for offences under Section 19 or Section 24 or Section