The court has the discretion to grant bail in NDPS cases, especially when the quantity of the contraband is of an intermediate level.

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the first accused in Crime No.716/2022 of the Mankada Police Station, Malappuram, registered against the accused, for allegedly committing the offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’). The petitioner was arrested on 27.12.2022.

2. The essence of the prosecution case is that;

on 27.12.2022, at around 1.25 hours., the accused was found in possession of 23 grams of MDMA for the purpose of sale, which he purchased from the second accused. Thus, the accused have committed the above offences.

3. Heard Sri. K.Rakesh the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor.

4. When the application came up for consideration on 21.9.2023, this Court taking into consideration the fact that the contraband involved in the case is 23 grams of MDMA and in view of Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling, and Disposal) Rules, 2022 , directed the Investigating Officer to submit the Chemical Analysis Report. However, since the Chemical Analysis Report was not filed as directed by this Court, by order dated 6.10.2023, the petitioner was enlarged on interim bail. The learned Public Prosecutor was directed to produce the Chemical Analysis Report.

5. Today, when the application was taken up for consideration, the learned Public Prosecutor made available the Chemical Analysis Report dated 13.10.2023 submitted by the Regional Forensic Science Laboratory, Thrissur, which shows that the contraband involved in the case is ‘Methamphetamine’ and not ‘MDMA’ as alleged by the prosecution. Therefore, the contraband is of an intermediate quantity.

6. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly considering the fact that the contraband involved in the case of an intermediate quantity, this Court has already enlarged the petitioner on interim bail by order dated 6.10.2023, I am of the view that the application is only to be allowed.

In the result, the application is allowed, by making the interim order dated 6.10.2023 absolute.