GOVARDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 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-76-368 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.

(2.) 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 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.

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