ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.34/2021 of Excise Range Office, Ernakulam alleging commission of offences under Sections

25 and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that he was found and possession of substances, which was suspected to be MDMA in the quantity of 23.4123 grams. The petitioner was arrested on 12.08.2021 and has been in custody since.

4. The learned counsel for the petitioner submits the substance recovered from the petitioner is not MDMA and it is only methamphetamine going by the report received from the Regional Chemical Examiner's Laboratory, Ernakulam. It is submitted that the commercial quantity in respect of methamphetamine is 50 grams and since the quantity recovered from the petitioner is 23.4123 grams, the quantity is an intermediate quantity and the petitioner is entitled to statutory bail on expiry of 60 days in custody. It is submitted that no charge sheet has been filed in the matter till date.

5. I have heard the the learned Public Prosecutor also.

6. The learned Public Prosecutor submits that the drug in question was recovered