The court ruled that the seized contraband being Methamphetamine in an intermediate quantity exempts the petitioner from the stringent provisions of Section 37 of the NDPS Act, allowing for bail.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the 2^nd accused in Crime No.98 of 2025 of North Police Station, Ernakulam, registered for the offences punishable under sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. According to the prosecution, on 22.02.2025, the first accused along with the petitioner was found in possession of 31.46 grams of MDMA and thereby the accused committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 22.02.2025.

6. Though the learned Public Prosecutor opposed the bail application it was submitted that the chemical analysis of the contraband seized was conducted and the certificate now received reveals that the contraband seized from the first accused was Methamphetamine Hydrochloride and not MDMA.

7. Since the nature of the contraband seized from the first accused is not MDMA, but only Methamphetamine and the quantity seized is 31.46 grams, it is evident that it is an intermediate quantity and hence the provision that would be applicable is Section 22 (b) of NDPS Act. The rigour under Section 37 of the NDPS Act, therefore cannot be applicable.

8. Since the quantity of contraband seized is an intermediate quantity and considering the period of detention already undergone by the petitioner from 22.02.2025, I am of the view that further detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.