Allowed

Akshay.C.Aji v. State of Kerala

Kerala HC20 Feb 2023Bail Appl./232/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court allowed regular bail to the petitioner accused of offences under the NDPS Act. The court noted that the seized quantity of Methamphetamine hydrochloride (intermediate quantity) meant Section 37 bar did not apply, leading to bail grant.

What did the court decide?

Petitioner released on bail on bond Rs.50,000 with two sureties; conditions include witness cooperation and passport surrender.

Akshay.C.Aji Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

¶5

BAIL APPL. NO.232 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT DATED 11.11.2022 IN CRMC 162/2022 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA PETITIONER/ACCUSED NO.1:

¶7

AKSHAY.C.AJI, AGED 25 YEARS, CHUNKATHIL HOUSE, KANJIRAM P.O, THIRUVARPPU VILLAGE, KOTTAYAM DISTRICT, C/O.MIDHUN, MANNAKUNNATH HOUSE, VADAVATHOOR P.O, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT., PIN – 686010.

¶8

BY ADVS. PRASANTH K.T. SOORAJ.S

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

¶11

2 STATION HOUSE OFFICER, KOTTAYAM WEST POLICE STATION, KOTAYAM DISTRICT., PIN – 686039. BY ADV. SRI.P.G. MANU, SR.PUBLIC PROSECUTOR

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

B.A. No.232 of 2023

¶14

¶15

O R D E R

¶16

This is a petition filed under Section 439

¶17

of the Code of Criminal Procedure, 1973 and the

¶18

petitioner is the sole accused in crime

¶19

No.1961/2022 of Kottayam West Police Station, Kottayam, where he alleged to have committed offences punishable under Sections 22(c) and

¶20

8(c) of Narcotic Drugs and Psychotropic

¶21

Substances Act, 1985 (hereinafter referred as

¶22

'NDPS Act', for short), initially and now offence under Section 22(b) of the NDPS Act and

¶23

the petitioner seeks regular bail.

¶24

Heard the learned counsel for the

¶25

petitioner as well as the learned Public Prosecutor.

¶26

Perused the relevant documents placed by the learned Public Prosecutor form part of

¶27

the Case Diary materials and copy of chemical analysis report.

¶28

B.A. No.232 of 2023

¶29

¶30

The prosecution allegation is that at

¶31

about 9:15 a.m. on 18.10.2022, on the basis of a secret information received, the Sub Inspector of Police, Kottayam West Police Station, searched the accused, who was standing at Baker junction for the sale of contraband, and on search, 15.11 gm of MDMA was seized. Thereafter, he was arrested and, accordingly, the crime registered alleging commission of the above offences.

¶32

The learned counsel for the petitioner while canvassing regular bail to the petitioner, highlighted the custody of the petitioner from 18.10.2022 and a specific contention raised to the effect that, the contraband is only inter mediate quantity. He has given emphasis to the chemical analysis report dated 24.01.2023, as

¶33

per which, the contraband was found to be 'Methamphetamine hydrochloride' and not MDMA (Methylenedioxy Methamphetamine). It is

¶34

submitted further that since the contraband is

¶35

B.A. No.232 of 2023

¶36

¶37

Methamphetamine, 5.11 gm would come to

¶38

intermediate quantity and, therefore, the bar under Section 37 of the NDPS Act has no application in this case. Therefore, the petitioner, who is the first time offender is

¶39

liable to be released on bail, taking note of

¶40

the progress of investigation and his prolonged custody.

¶41

conceded that the contraband is found to be

¶42

Methamphetamine, on producing copy of the report showing the said finding.

¶43

taken from the custody of the petitioner is intermediate quantity of Methamphetamine

¶44

hydrochloride, where the rider under Section 37 of the NDPS Act, would not apply.

¶45

petitioner has been in custody from 18.10.2022 and the progress of investigation, I am inclined to grant regular bail to the petitioner.

¶46

B.A. No.232 of 2023

¶47

¶48

Accordingly, this petition stands

¶49

allowed and the petitioner is enlarged on bail on the following conditions:

¶50

i. The accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court, concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. iii. The petitioner shall co-operate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first. iv. The petitioner 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.

¶51

¶52

B.A. No.232 of 2023

¶53

v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi.The petitioner shall not involve 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.

¶54

Sd/-

¶55

A.BADHARUDEEN, JUDGE.

¶56

¶57

B.A. No.232 of 2023

¶58

¶59

APPENDIX OF BAIL APPL. 232/2023

¶60

PETITIONER'S ANNEXURES:

¶61

ANNEXURE-A1 A TRUE COPY OF THE FIR NO:1961/2022 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM. ANNEXURE-A2 A TRUE COPY OF THE ORDER DATED 11.11.2022 IN CRIL.M.C. NO:162/2022 OF THE HON'BLE SPECIAL JUDGE FOR NDPS ACT CASES, THODUPUZHA.

Akshay.C.Aji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Akshay.C.Aji v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashik Vs State of Kerala

Pranav Vs State of Kerala

Shaji Vs State of Kerala

Sahal Rahman Vs State of Kerala

Stibin Vs State of Kerala

Sreeja R., W/O.Babu Chandran Pillai @ B.C. Pillai, Vs State of Kerala