Bail application by first accused arrested under NDPS Act. Court admits report showing seized material was Methamphetamine (2g small quantity) not LSD. Application for bail allowed with bond and standard conditions.
Applicant enlarged on bail by executing bond for Rs. 50,000 with two solvent sureties each for like sum subject to conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 25TH DAY OF MAY 2018 / 4TH JYAISHTA, 1940
Bail Appl..No. 1929 of 2018
-----------(CRIME NO.321/2018 OF CENTRAL POLICE STATION, ERNAKULAM)
PETITIONER/1ST ACCUSED:
JABIR, 25 YEARS, S/O. ABDUL BASHEER, PALLATHUVALAPPIL HOUSE, PALLIKKARA, MALAPPURAM DISTRICT.
BY ADVS.SRI.R.SREEHARI
SRI.SACHIN VYAS
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM, COCHIN-682014.
BY PUBLIC PROSECUTOR MR. D.CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
= = = = = = = = = = = = = = = = = = B.A. No. 1929 of 2018
= = = = = = = = = = = = = = = = = = Dated this the 25th day of May, 2018
ORDER
BA.1929/18
-:2:-
specific instructions to the learned Public Prosecutor to produce the report of Chemical Analysis.
“Methamphetamine, a central stimulant was detected in the material contained in the packet marked as MS-1. Methamphetamine come under the purview of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. LSD (Lysergic acide diethyl amide) was not detected in the material contained in the packet marked as MS-1.”
-:3:-
BA.1929/18
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. The above order shall be subject to the following conditions:
1). The applicant shall appear before the Investigating Officer as and when directed.
2). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
3). The applicant shall not commit any offence while he is on bail.
4). The applicant shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
Raja Vijayaraghavan V., Judge
krj.25/5
//true copy// P.A to Judge
3 issues framed by the court
Whether arrest under Section 8(c) and 22(c) of the NDPS Act satisfies the requirement of cogent material for arrest under Section 41(1) of CrPC.
Whether bail should be granted given the 1.060 gram quantity of Methamphetamine seized falls under small quantity.
Whether the applicant can be enlarged on bail on the condition that the seized material was chemically confirmed to be Methamphetamine and not LSD.
2 provisions across 2 enactments
JABIR
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
