Rigour of S.37 NDPS Act Not Applicable For Intermediate Quantity of Contraband: Kerala High Court Grants Bail - 2025-07-03

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Kerala High Court Grants Bail in MDMA Case, Citing Non-Application of Stringent S.37 NDPS Act for Intermediate Quantity

ERNAKULAM: The Kerala High Court, in a significant order, has granted bail to an individual accused of possessing an "intermediate quantity" of MDMA, clarifying that the stringent conditions for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, do not apply in such cases.

The ruling was delivered by a single-judge bench of Justice Bechu KurianThomas in a bail application filed by Jabir Abdul Khader .

Case Background

The petitioner, Jabir Abdul Khader , was arrested on May 9, 2025, in connection with Crime No. 396/2025 of the Chandera Police Station, Kasaragod. The prosecution alleged that on May 8, 2025, the accused was found in possession of 2.50 grams of MDMA intended for illegal sale, thereby committing an offence under Section 22(b) of the NDPS Act. He had remained in judicial custody since his arrest.

Arguments in Court

The counsel for the petitioner argued that the allegations were false and sought bail on the grounds of his continued incarceration since May 9, 2025.

Conversely, the learned Public Prosecutor opposed the bail application, urging the court to deny the petitioner's release.

Court's Legal Reasoning

Justice Thomas centered the decision on the quantity of the contraband seized. The court noted that the 2.50 grams of MDMA recovered from the petitioner falls between the "small quantity" (0.5 grams) and "commercial quantity" (10 grams) classifications, thus categorizing it as an "intermediate quantity."

The judgment highlighted a crucial legal distinction: the stringent bail conditions under Section 37 of the NDPS Act, which make it difficult for an accused to secure release, are triggered only when the case involves a "commercial quantity" of narcotics.

The court explicitly stated:

"Since the offence alleged against the petitioner is under Section 22(b) of the NDPS Act and the contraband seized is found to be MDMA and the quantity of 2.50 grams falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply."

Considering that the strictures of Section 37 were not applicable, and observing the petitioner's period in custody with no immediate prospect of trial, the court concluded that his further detention was unnecessary.

Final Decision and Bail Conditions

The High Court allowed the bail application, ordering the release of Jabir Abdul Khader subject to several conditions, including: - Execution of a bond for ₹50,000 with two solvent sureties. - A directive to appear before the Investigating Officer as required. - An undertaking not to intimidate witnesses, tamper with evidence, or commit similar offences while on bail. - A restriction on leaving India without court permission.

The court also empowered the jurisdictional court to modify or cancel the bail if any of these conditions are violated. This order reaffirms the legal principle that the harshness of Section 37 of the NDPS Act is reserved for cases involving commercial quantities, allowing for a more discretionary approach to bail in cases of intermediate quantities.