Allowed

Subhash.C, v. State of Kerala

Kerala HC7 Feb 2024Bail Appl./11373/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application filed by an accused charged under NDPS Act. The court observed that the seized contraband, initially alleged as MDMA (commercial quantity), was chemically verified as methamphetamine (intermediate quantity). With the petitioner having no antecedents and investigation complete, the interim bail was made absolute.

What did the court decide?

The application is allowed by making the interim order dated 19.01.2024 absolute and the petitioner be released on bail.

Subhash.C, Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2024)

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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 C.S.DIAS

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WEDNESDAY, THE 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945

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BAIL APPL. NO. 11373 OF 2023

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CRIME NO.1127/2023 OF MANNARKKAD POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED:

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SUBHASH.C, AGED 39 YEARS ,S/O. SOBHANA, CHANKARAMPATH PULIKKAL, KARKIDAMKUNNU, ALANALLUR, MANNARKAD, PALAKKAD DISTRICT, PIN - 678601

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BY ADVS. SAM ISAAC POTHIYIL S.SURAJA NEETHU SATHEESH KARAN MATHEW RAMU SUBHASH MUHAMMED SUHAIR C.A ANANTHAKRISHNAN R.

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RESPONDENTS/COMPLAINANT:

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

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2 STATION HOUSE OFFICER, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT,, PIN - 678582

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OTHER PRESENT:

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SR PP SMT SEETHA S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.11373 OF 2023

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O R D E R

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The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.1127/2023 of the Mannarkkad Police Station, Palakkad, registered against him for allegedly committing the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 23.10.2023.

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The gist of the prosecution case is that: on 23.10.2023 at around 5.20 hours the police party on checking the vehicles found 33.8 gms of MDMA in the pantpocket of the accused, who was found riding a motorcycle bearing Reg.No.KL 54 J 6695. The accused was arrested from the spot with the contraband article. Thus, the accused has committed the above offence.

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Heard; Sri.Sam Isaac Pothiyil, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned

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BAIL APPL. NO.11373 OF 2023

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Public Prosecutor appearing for the respondents.

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The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. He has been falsely implicated in the crime. The petitioner has been languishing in jail since 23.10.2023.

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When the bail application came up for consideration on 19.01.2024, since the prosecution had failed to produce the chemical analysis report, this Court released the petitioner on interim bail. The petitioner is presently on interim bail. The petitioner has learnt that, as per the chemical analysis report, the contraband article allegedly seized from the petitioner is not 'MDMA' but only 'methamphetamine'. Therefore, the contraband is of an intermediate quantity. The petitioner does not have any criminal antecedents. Hence, the order dated 19.01.2024 may be made absolute.

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The learned Public Prosecutor opposed the application. However, she conceded to the fact that the

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BAIL APPL. NO.11373 OF 2023

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petitioner was enlarged on interim bail as per the order dated 19.01.2024, that the petitioner has no criminal antecedents and further as per the chemical analysis report dated 23.01.2024 of the Regional Forensic Science Laboratory, Thrissur, the contraband article is methamphetamine and not MDMA.

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The prosecution was lodged against the petitioner principally on the allegation that the petitioner was found in possession of 33.8 grams of 'MDMA', which is of a commercial quantity. It is on the basis of the said accusation, that the petitioner was arrested and was remanded to judicial custody on 23.10.2023. Now, it has turned out that, as per the chemical analysis report dated 23.01.2024, the contraband article is 'methamphetamine' and not 'MDMA'. Therefore, the contraband is of an intermediate quantity.

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After bestowing my anxious consideration to the materials placed on record, particularly to the chemical analysis report dated 23.01.2024, that the contraband is methamphetamine which is of an intermediate quantity, that

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BAIL APPL. NO.11373 OF 2023

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the petitioner has no criminal antecedents, that the investigation in the case is practically complete and this Court has already enlarged the petitioner on interim bail, I am of the view that the interim order dated 19.01.2024 is to be made absolute and the petitioner be released on bail.

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In the result, the application is allowed, by making the interim order dated 19.01.2024 absolute.

Sd/-

C.S.DIAS

JUDGE

shg

Subhash.C, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Subhash.C, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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