Failure to submit the chemical analysis report within the stipulated time entitles the accused to be released on bail.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 .

2. Petitioner is the accused in Crime No.469 of 2024 of Aloor Police Station, Thrissur. The above case is registered against the petitioner alleging offence punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3.When this case came up for consideration on 01.11.2024, this Court passed the following order: “The application is filed under Section 483 of the Bharatiya Suraksha Nagarik Suraksha Sanhita, 2023, by the sole accused in Crime No.469/2024 of the Aloor Police Station, Thrissur, registered against him for allegedly committing the offence punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 . The petitioner was remanded to judicial custody on 18.05.2024.

2. The prosecution allegation is that; on 18.05.2024, at around 19:50 hours, the Detecting Officer received secret information that the accused was in possession of a psychotropic substance. Accordingly, the Detecting Officer conducted a search in the house of the accused and recovered 18.020 grams of MDMA. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offence.

3. When the application came up for consideration on 18.10.2024, this Court, taking into consideration the fact that the petitioner was arrested on 18.05.2024 and the mandate under 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 on or before 01.11.2024.

4. Hear; V.A. Haritha, the learned counsel for the petitioner and Smt. Pushpalatha.M.K., the learned Senior Public Prosecutor.

5. Today, when the application came for consideration, the learned Public Prosecutor sought for the time to produce the chemical analysis report.

6. Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling, and Disposal) Rules, 2022 , postulates the expeditious test of the samples. The Chemical Laboratories are obliged to submit the report to the Court of Magistrate with a copy to the Investigating Officer within fifteen days from the date of receipt of the sample.

7. In Anuraj vs. State of Kerala [2024 KHC Online 399], this Court has categorically held that it is obligatory on the part of the Chemical Analysis Laboratory to submit the copy of the chemical analysis report within 15 days from the date of receipt of the sample. If not, the accused would be at liberty to file an application for the expeditious conduct of the test by the Laboratory.

6. In the case on hand, as the contraband was allegedly seized from the accused as early as on 18.05.2024, and the time period stipulated under Rule 14 of the Narcotic Drugs and Psychotropic Substances Rules has already lapsed, and further that the Investigating Officer has not produced the Chemical Analysis report, I am of the definite view that the petitioner is entitled to be released on interim bail, especially in view of the statement that the contraband allegedly seized from the accused is ‘Methamphetamine’ and not ‘MDMA’.

In the result, the petitioner is released on interim bail for a period of one month, on him executing a bond for an amount of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the Court having jurisdiction, which shall be subject to the following conditions.

• (i) The petitioner shall appear before the jurisdictional court as and when directed;
• (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with