A change in the nature of recovered narcotics from commercial to non-commercial quantity legitimizes the entitlement to bail under the NDPS Act.

ORDER

These are the applications for regular bail.

2. These bail applications are filed by accused Nos.1, 2, 3 & 5 in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District alleging commission of offences under Sections 8 , 22(c), 20(B)IIA & 29 of Narcotic Drugs &

Psychotropic Substances Act (NDPS Act).

3. I had rejected these bail applications filed by the petitioners in these cases earlier taking note of the provisions of Section 37 of the NDPS Act and taking note of the allegation of the prosecution that what was recovered from the petitioners was MDMA in which case the quantity recovered from the petitioners was in commercial quantity. Today when these matters are taken up for consideration, it is the submission of learned Public Prosecutor that the report secured by the prosecution from the Forensic Science Laboratory Report has shown that some part of the contraband recovered from the petitioners is not MDMA but is Methamphetamine. It is submitted that though both MDMA and Methamphetamine had been recovered, the quantities of both are not in commercial quantity and therefore the petitioners may be entitled to statutory bail on completion of 60 days in custody. It is submitted that a final report is yet to be filed in the matter and the petitioners have been in custody for 172 days. Taking note of the above and without going into any another aspect, I direct that the petitioners in these bail applications shall be released on bail subject to the following conditions.

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

(ii) The Petitioners shall report before the Investigating officer in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District as and when summoned to do so;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.1576 of 2021 of Thrikkakara Police Station, Ernakulam District;

(iv) 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.1576 of 2021 of Thrikkakara Police Station, Ernakulam District may file an application before the jurisdictional Court for cancellation of bail.