Allowed

Govardhan v. State of Kerala

Kerala HC2 Dec 2021Bail Appl./6671/2021

Case brief

AI extract

What is this about?

The Court allowed the bail application of an accused detained for 147 days in a drug case. After the chemical report confirmed the substance as methamphetamine (intermediary quantity) under Section 22(b) of the NDPS Act instead of MDMA, the Court held that statutory bail is attracted. The petitioner was released on bail subject to standard conditions.

What did the court decide?

Petitioner released forthwith on bail on Rs. 50,000 bond with two sureties and conditions to abide by social distancing and appear before the court.

Govardhan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6671 OF 2021

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(NDPS CRIME NO. 25 OF 2021 OF THE MANANTHAVADY EXCISE RANGE) AGAINST THE ORDER/JUDGMENT IN CRMC 374/2021 OF ADDITIONAL DISTRICT COURT &

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SESSIONS COURT - II, KALPETTA

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PETITIONER/ACCUSED:

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GOVARDHAN

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AGED 21 YEARS

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S/O.DAYANANDHAN, CHOORANKOLLY HOUSE, PUNNASSERY BHAGAM, KAKKUR VILLAGE, KOZHIKODE

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BY ADVS.

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M.PROMODH KUMAR MAYA CHANDRAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA

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REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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BY ADVS.

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ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR

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OTHER PRESENT:

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PP - SRI.ANAZ

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.NO. 6671 OF 2021

ORDER

The subject matter of NDPS Crime No. 25 of 2021 of Mananthavady Excise Range is 30.7 grams of substance seized from the possession of the petitioner and two others alleging that it is MDMA which is a narcotic drug. While the three accused persons were travelling in a car bearing registration No. KL-76368 on 08.07.2021 they were intercepted and the case was registered. From 08.07.2021 onwards petitioner and co-accused are in judicial custody. That means they are being incarcerated for the last 147 days. Their earlier application for bail was dismissed by this Court by Annexure-A2 order. This is the second application for bail filed under Section 439 of the Cr.P.C.

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At the time of hearing when the learned counsel raised doubts regarding the nature of the substance, this Court directed the learned Public Prosecutor to obtain the chemical examination report. Now the learned Senior Public Prosecutor has submitted that the chemical examination report has been received and the

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B.A.NO. 6671 OF 2021

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contraband has been identified as methamphetamine and not MDMA. That means, offence under Section 22(c) of the NDPS will not lie, and 22(b), for carrying intermediary quantity of methamphetamine alone will be attracted. That means they should have been granted statutory bail on completion of sixty days in custody.

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Considering the fact that this is an offence under Section 22(b) only, the petitioner shall be released forthwith on the following conditions:

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i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

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ii) He shall not try to contact or influence the witnesses or tamper with evidence;

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iii) He shall not leave the country without permission of the jurisdictional court;

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iv) He shall not involve in any crime during the period on bail;

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v)He shall appear before the Investigating Officer/jurisdictional

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B.A.NO. 6671 OF 2021

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Court as and when required;

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vi) The petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in

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accordance with law.

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The Bail Application is allowed as above.

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Sd/K. HARIPAL JUDGE

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RMV/02/12/2021

Govardhan v. State of Kerala

Case brief

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Govardhan v. State of Kerala

Case brief

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