The decision established that the intermediate quantity of contraband can permit bail under the NDPS Act, mitigating the rigors of Section 37.

ORDER

These are applications for regular bail.

The petitioners in B.A. Nos. 690/2022 and 1187/2022 are accused Nos.1 and 2 respectively in Crime No.814/2021 of Ponnani Police Station, Malappuram alleging commission of offence punishable under Section 20 (b)(ii)A and 22(c) of the Narcotic Drugs and Psychotropic Substances, Act.

2. The prosecution allegation is that, on 18.10.2021, at about

00.30 hours, the 1st accused was found possessing 17.40 grams of MDMA and 32 grams of ganja, transporting the same in scooter bearing registration No.KL 59/M 4306 for the purpose of sale. Based on the confession of the 1st accused, it was the 2nd accused who had handed over the ganja and MDMA to the 1st accused and thus committed the offences referred above.

3. The learned counsel for the petitioners submitted that the

1st accused was arrested on 18.10.2021 whereas the 2nd accused was arrested on 19.10.2021 and that they are in custody since then. It is also submitted that the petitioners have been falsely implicated in the above said crime and that they have no other criminal antecedents.

4. A chemical analysis report regarding the contraband seized was called for by this Court. When the matter was taken up for consideration today, the learned Public Prosecutor handed over a copy of the said report and based on the said report, it was submitted by the learned Public Prosecutor that the contraband seized is 'methamphetamine', a psychotropic substance, the commercial quantity of which as per the schedule is 50 grams. It is also submitted that 32 grams of ganja was also seized from the possession of the 1st accused and the report confirms the contraband as ganja.

5. Since it is revealed that the contraband seized is 'methamphetamine' which is only a intermediate quantity, the rigor of Section 37 of the NDPS Act will not apply in this case. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioners are in custody for a long period, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.814/2021 of Ponnani Police Station, Malappuram on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.814/2021 of Ponnani Police Station, Malappuram;

(iv) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.814/2021 of Ponnani Police Station, Malappuram may file an application before the jurisdictional court, for cancellation of bail.