Delay in chemical analysis report justifies bail in drug possession case.

ORDER

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

2. Petitioner is the second accused in Crime No.980 of 2025 of Gandhi Nagar Police Station, Kottayam, registered for the offences punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. According to the prosecution, on 27.06.2025, the first accused was found to be in possession of 0.70 grams of MDMA, and the second accused was found in possession of 0.59 grams of MDMA and thereby committed the offences alleged. Petitioner was arrested on

27.06.2025, and he has been in custody since then.

4. Heard Sri. Irfan Ziraj, the learned Counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.

5. The learned counsel for the petitioner had been, from the beginning itself contending that the contraband seized from the petitioner was only methamphetamine, and considering the quantity seized, it would turn out to be a small quantity if the analysis report is made available. According to the learned counsel, even if the quantities seized from both accused are added together, still, if the contraband is methamphetamine, it would fall only in the category of small quantity, which makes it a bailable offence. However, the learned counsel submitted that for reasons best known to the respondents, the chemical analysis report is being unduly delayed thereby infringing upon his right to life and liberty.

6. The learned Public Prosecutor submitted that the allegations are serious and the petitioner was arrested only on 27.06.2025. It was also submitted that petitioner is involved in five other crimes for having committed offences under the Indian Penal Code.

7. When the matter came up for consideration, on the basis of the contentions raised by the petitioner, this Court directed the learned Public Prosecutor to get instructions regarding the period within which the forensic analysis report can be made available. Subsequently, on 30.07.2025, it was observed that despite granting repeated adjournments, the prosecution has not been able to produce the chemical analysis report, and one last opportunity was granted with a warning that if it is not made available by the next posting date, petitioner will have to be released on bail.

8. Today, the learned Public Prosecutor submitted that the Forensic Laboratory has informed that they need further time to furnish the chemical analysis report.

9. Petitioner is a youngster, who was allegedly found in possession of 0.59 grams of MDMA. The first accused was found in possession of 0.70 grams of MDMA. Even if the quantities possessed by both accused are added together, it will quantify only to 1.29 grams of MDMA. However, if petitioner’s contention is accepted, the contraband seized would fall within the category of small quantity. Taking note of the nature of contentions urged by the petitioner, the delay in furnishing the chemical analysis report, despite observations of this Court to that effect and also considering the period of custody undergone by the petitioner, I am satisfied that further detention is not necessary.

10. Accordingly, the bail 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 OfÏcer 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 w