Allowed

Abin Chand @ Abi v. State of Kerala

Kerala HC7 Feb 2023Bail Appl./124/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by two accused charged with possession of 23.85 grams of a narcotic substance. Accepting that the chemical analysis identified the substance as Methamphetamine (intermediate quantity) rather than MDMA, the Court held that the bar of bail under Section 37 of the NDPS Act does not apply. Accused were discharged on bail with standard condition

What did the court decide?

Allowance of bail application; release of petitioners on bond of Rs. 50,000 each along with solvent sureties and specific conditions regarding passport surrender and conduct.

Abin Chand @ Abi Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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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 A. BADHARUDEEN

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TUESDAY, THE 7^TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944

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BAIL APPL. NO. 124 OF 2023

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CRIME NO.1559/2022 OF ERAVIPURAM POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NO.1 AND 2:

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1 ABIN CHAND @ ABI AGED 33 YEARS S/O BALACHANDRAN, AISHWARYA BHAVAN, THRIKARUVA VILLAGE, KANJAVELY (PO), KOLLAM DISTRICT, PIN - 691602

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2 SUNNY STEPHEN @ SUNNY AGED 27 YEARS S/O STEPHEN, PULIVETTIZHAKAM VEEDU, MYYANAD VILLAGE, PULLICHIRA (PO), KOLLAM DISTRICT, PIN - 691304 BY ADVS. N.SUNIL JOSEPH B.BIPIN

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN - 682031

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2 THE STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, ERAVIPURAM (PO), KOLLAM DISTRICT, PIN – 691011

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BY SR.PUBLIC PROSECUTOR SRI.P.G.MANU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 124 OF 2023 2

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ORDER

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Dated this the the 7^th day of February, 2023.

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This is an application for regular bail filed by accused Nos.1 and 2 in Crime No.1559/2022 of Eravipuram Police Station, Kollam.

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Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

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The prosecution case is that, at 19.15 hrs on 12.11.2022, the accused herein possessed 23.85 grams of MDMA against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for

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short, ‘the NDPS Act’ hereinafter), at Kattil Purayidam Veedu, Thanni, Eravipuram Village. Accordingly, the accused were arrested and the contraband was taken into custody. Thereafter, crime was registered alleging commission of offences punishable under Sections 22(c) and 29 of the NDPS Act.

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The learned counsel for the petitioners pressed for bail on the

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submission that, eventhough commercial quantity of MDMA was alleged to be

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seized by the police, the chemical analysis report, dated 24.1.2023 would go to

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BAIL APPL. NO. 124 OF 2023 3

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show that the contraband is not MDMA, but the same is Methamphetamine (N,

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alpha-dimethyl phenethylamine). If so, possession of Methamphetamine less

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than 50 grams would attract only offence under Section 22(b) r/w Section 29 of the NDPS Act. He also submitted that the petitioners have been in custody from 12.11.2022 and only intermediate quantity of contraband was seized. The learned counsel further submitted that, 60 days time to file final report is

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already over. So, the petitioners are liable to be released on statutory bail.

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In the report of the Investigating Officer, showing the criminal

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antecedents of petitioners herein, the following crimes are noted:

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A1 1.Eravipuram P S Cr 2093/2017 U/s 143, 147, 148, 341,323, 324, 308, 149 IPC

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Eravipuram P S Cr 89/2018 U/s 341, 323, 325 r/w 34 IPC

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3.Eravipuram P S Cr 1300/2021 U/s 341, 323, 294(b), 427, 308, 34 IPC

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A2 :

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1. Eravipuram P S Cr 1951/2014 U/s 143, 147, 148, 323, 294(b), 326, 341, 324 r/w 149 IPC

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1. Eravipuram P S Cr 2030/2014 U/s 143, 147, 148, 341, 323, 324, 307, 149 IPC

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Based on the report, the learned Public Prosecutor zealously

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opposed bail, on the submission that the petitioners did not have any respect

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to law and they have been continuously involved in crimes on getting released

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BAIL APPL. NO. 124 OF 2023 4

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on bail, after commission of crimes one after another.

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Since chemical analysis report shows that Methamphetamine as

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the contraband, possession of Methamphetamine weighing 23.85 grams (intermediate quantity) would attract only offence under Section 22(b) r/w Section 29 of the NDPS Act and in such a case, the bar under Section 37 of the NDPS Act would not attract.

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The antecedents of the petitioners, extracted hereinabove, is noted with extreme displeasure and therefore, there shall be a specific direction to the petitioners not to involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Accordingly, the bail application is allowed and the petitioners are released on bail, by imposing the following conditions:

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

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ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

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BAIL APPL. NO. 124 OF 2023 5

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iii. The petitioners shall appear before the Investigating Officer as and when directed.

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iv. The petitioners 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.

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v. The petitioners shall surrender their passports before the Special Court on the date of execution of the bail bonds, or within three days therefrom. If the petitioners have no passports, they shall file affidavits to that effect.

Sd/-

A. BADHARUDEEN JUDGE

//TRUE COPY//

PA TO JUDGE

Abin Chand @ Abi v. State of Kerala

Case brief

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Abin Chand @ Abi v. State of Kerala

Case brief

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