A charge under Section 22(c) of the NDPS Act does not apply if the substance is determined to be Methamphetamine instead of MDMA.

ORDER

Dated this the 7^th day of January, 2026 This is an application for regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the sole accused in crime No.1399/2025 of Vaikom Police Station, Kottayam.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the documents placed by the learned Public Prosecutor. 3. The case of the prosecution is that, the accused transported 36.33 grams of MDMA, against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act' hereinafter). The accused was nabbed red handedly. Pursuant to thereof, crime was registered alleging commission of offence punishable under Section 22 (c) of the NDPS Act by the accused/petitioner herein.

4. While pressing for grant of regular bail to the petitioner, the learned counsel for the petitioner submitted that eventhough the prosecution allegation was that the accused possessed 36.33 grams of MDMA, as per the Chemical Analysis report, produced along with Crl.M.A.No.1/2026, the substance was ‘Methamphetamine’. Therefore, the offence under Section 22 (c) of the NDPS Act, alleging possession of a commercial quantity of contraband, would not be attracted. He also submitted that the petitioner has been in custody since 27.08.2025. Therefore, he may be released on bail.

5. The learned Public Prosecutor also conceded the fact that the contraband seized is ‘Methamphetamine’ as found by the Forensic Science Laboratory. Copy of the chemical analysis report was placed by the learned Public Prosecutor as well as the learned counsel for the petitioner for perusal of this Court. The learned Public Prosecutor also highlighted the involvement of the petitioner in Crime No. 17/2025 of the Vaikom Excise Range, alleging the commission of offences punishable under Section 22 (c) of the NDPS Act.

6. On perusal of the records, although the petitioner is involved in the second crime, at present, the offence under Section 22 (c) of the NDPS Act would not attract. Therefore, the rider under Section 37 of the NDPS Act would not apply. Therefore, taking into consideration of the custody of the petitioner from 27.08.2025, I am inclined to enlarge the petitioner on bail on conditions.

In the result, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-

operate with the investigation and shall be available for trial.

iii. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

iv. The petitioner shall surrender his passport before the Special Court on the date of execution of the bail bond or within seven days therefrom, with special permission of the Special Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.