Allowed

Muhammed Suhas, v. State of Kerala

Kerala HC14 Feb 2023Bail Appl./56/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by a first-time accused charged with possession of Methamphetamine. Relying on a chemical analysis report confirming the substance as Methamphetamine (intermediate quantity) rather than MDMA, the court granted bail subject to bond and strict conditions.

What did the court decide?

Petitioner enlarged on bail with a bond of Rs.50,000, two sureties, conditions of witness protection, cooperation with investigation, and passport surrender.

Muhammed Suhas, 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 14^TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944

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BAIL APPL. NO. 56 OF 2023

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CRIME NO.111/2022 OF EXCISE RANGE OFFICE, SULTHAN BATHERY

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PETITIONER/ACCUSED:

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MUHAMMED SUHAS, AGED 31 YEARS, S/O. AHAMMEDKAISE, 23/1043B, CHACHOOS HOUSE, THIRUVANNOR POST, PANNIYANKARA VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673029 BY ADVS. R.O.MUHAMED SHEMEEM NASEEHA BEEGUM P.S.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, SULTHAN BATHERY EXCISE STATION HOUSE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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SRI P G MANU (SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 56 of 2023

ORDER

Dated this the 14^th day of February, 2023

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This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the sole accused in crime No.111/2022 of Excise Range Office, Sulthan Bathery.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor and the report of the Investigating Officer along with the copy of the chemical examination report of the alleged contraband dated 24.01.2023 issued by the Assistant Chemical Examiner, Kozhikode.

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The prosecution allegation is that, the petitioner herein who is the sole accused in the above crime possessed 25.75 gram of MDMA (Methylene Dioxy Methamphetamine) at 8.50 am on 29.10.2022 near Muthanga while he was traveling in Karnataka SRTC Bus. On detection, accused was arrested and the contraband was seized. Thereafter, crime registered alleging commission of offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

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While pressing for grant of bail to the petitioner, who

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B.A.No. 56 of 2023

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has been in custody from 29.10.2022 onwards, the learned counsel for the petitioner given emphasis to the chemical analysis report produced by the learned Public Prosecutor. It is pointed out that, though the allegation of the prosecution initially was that, the accused herein possessed MDMA, the chemical analysis report would go to show that the contraband is not MDMA but it is “Methamphetamine”. Accordingly, it is submitted by the learned counsel for the petitioner that, 25.75 gram of Methamphetamine is intermediate quantity and therefore the rider under Section 37 of NDPS Act has no application in this case. Therefore, the petitioner who is a first time offender deserves bail.

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The learned Public Prosecutor also conceded the fact that, the contraband was found to be Methamphetamine and if so, the same is intermediate quantity.

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In view of the above factual aspects, particularly, relying on the chemical analysis report, to the effect that the contraband is Methamphetamine, and 25.75 gram of Methamphetamine is intermediate quantity, the petitioner, who is a first time offender, has been in custody from 29.10.2022, is liable to be released of bail.

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Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

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B.A.No. 56 of 2023

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i. The 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.

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

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iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.

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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.

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v. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport.

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B.A.No. 56 of 2023

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if repo rted or came t o the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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Muhammed Suhas, v. State of Kerala

Case brief

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Muhammed Suhas, v. State of Kerala

Case brief

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