The court held that when the chemical analysis report changes the classification of the contraband to an intermediate quantity and investigation is incomplete beyond the statutory period, the accused gains an indefeasible right to statutory bail.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.07.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 10th day of July, 2026

ORDER

The petitioners are the accused Nos. 1 and 2 in Crime No. 49 of 2026 registered by the Thrissur Excise Range office, alleging the commission of offences punishable under Sections 22(c), 29, 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short).

2. The crux of the prosecution case is that, on 03.05.2026 at 22.15 hrs, the Excise party intercepted the vehicle driven by the 2nd accused, with the 1st accused as a co-passenger, and on conducting search in the vehicle, seized 33 grams of a substance suspected to be MDMA. Thus, the petitioners have committed the above offences.

2. The petitioners state that they were arrested on 03.05.2026 and remanded to judicial custody. In view of the principles laid down by this Court in Anuraj v. State of Kerala and Ors. [2024 (4) KHC 68], the petitioners filed Annexure 2 application before the Court of Sessions, Thrissur (Bail Court) for a direction to the investigating officer to file the chemical analysis report expeditiously, as per the mandate under Rule 14 of the NDPS Rules. By Annexure A3 proceedings, the said application was allowed. Since the chemical analysis report was not filed within the stipulated time period, the petitioners filed Annexure A4 application before the Bail Court to enlarge them on bail as per the principles laid down Anuraj (supra). However, by the impugned Annexure A5 order, the Bail Court dismissed the application. Annexure A5 order is ex facie erroneous and unsustainable in law. Hence, this Crl.M.C.

3. I have heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. The learned counsel for the petitioners and the learned Public Prosecutor handed over a copy of the certificate of chemical analysis dated 10.06.2026 issued by the Assistant Chemical Examiner’s Laboratory in the present crime. It substantiates that the contraband involved in this case is methamphetamine and not MDMA. In light of the said report, the contraband involved in the case is of intermediate quantity. Admittedly, the investigation in the case is not complete and the final report (complaint) has not been filed even after lapse of 60 days. Thus, the petitioners’ indefeasible right to statutory bail has accrued.

5. After considering the facts and the materials placed on record, the rival submission made across the Bar, particularly considering the certificate of chemical analysis, which shows that the contraband is methamphetamine, which is of intermediate quantity and that the petitioners have been in judicial custody since 03.05.2026, I am satisfied that the petitioners are entitled to be enlarged on bail.

6. In the result, the bail application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every alternate Saturdays between 9.00 am and 11.00 am till the filing of the complaint (charge sheet). They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall n