O R D E R

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), by the sole accused in Crime No.1674/2023 of the Eravipuram Police Station, Kollam, registered against him alleging the commission of the offences under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short, ‘Act’). The petitioner was arrested on 29.09.2023.

2. The prosecution case, in brief, is that: on

23.09.2023 at about 11.45 a.m, the accused was found in possession of 38.76 grams of MDMA and an amount of Rs.13,610/-. Thus, the accused has committed the above offences.

3. Heard; Sri.K.Siju, the learned counsel appearing for the petitioner and Sri.M.P. Prasanth, the learned Public Prosecutor appearing for the respondents.

4. The learned counsel appearing for the petitioner vehemently argued that the petitioner is absolutely innocent of the accusation levelled against him. Even going by the prosecution case, no contraband article was seized from the petitioner. The entire seizure, as per the FIR, was in violation of the provisions of the Act. The petitioner has been in judicial custody since 29.09.2023. His further detention is unnecessary.

Hence, the application may be allowed.

6. The learned Public Prosecutor vehemently opposed the application. He submitted that the petitioner is accused of a similar offence by the Kilikolloor Police Station. If he is let off on bail, there is every likelihood of him committing a similar offence. Therefore, the application may be dismissed.

7. Sec.37 of the Act stipulates that a person accused of an offence under the Act involving commercial quantity shall not be released on bail unless the court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. Therefore, the power to grant bail for a person accused of committing an offence under the Act is not only subject to provisions contained under Sec.439 of the Code, but also subject to being satisfied of the fulfilment of the twin conditions under Sec.37 of the Act.

8. After bestowing my anxious consideration to the materials on record particularly the huge commercial quantity of the contraband article that has been seized from the petitioner, I am at this stage not convinced that the petitioner is not guilty of the offence alleged against him and that he may not commit a similar offence, if enlarged on bail, so as to dilute the rigour under Sec.37 of the Act. I do not find any satisfactory ground to release the petitioner on bail. The application is meritless.

Resultantly, the bail application is dismissed.