SARATH Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for bail moved by accused Nos. 2 and 1 respectively in Crime No. 274/2021 of Anthikkad Police Station, which was registered alleging offence punishable under Sections 22(c) and 29 of the Narcotic Drugs And Psychotropic Substances Act, hereinafter referred to as the Act.

(2.) Earlier the applications were heard on 07.07.2021. After hearing counsel on both sides, the order was pronounced in open court, granting bail to the petitioners imposing certain conditions. At that time, all the parties including the counsel for the petitioners and also the learned Public Prosecutor were under the impression that the contraband involved was 0.110 mg of LSD stamp irrespective of the question that Sections 22(c) and 29 of the Act were invoked by the prosecution. It was also highlighted by the learned counsel that the quantity involved is only 0.110 mg, which is a small quantity and that the accused persons were in custody for more than 72 days and on that consideration, the petitioners were directed to be released on bail.

(3.) Later during the afternoon session, the learned Public Prosecutor submitted that the actual quantity involved is 0.110 gram and not 0.110 mg, as inferable from the prosecution records. According to the learned Public Prosecutor, it was a mistake on the part of the officials to record the quantity as 0.110 mg, which is a small quantity, despite the fact that the offence under Sections 22(c) and 29 of the Act were invoked. On that basis, since the counsel for the petitioners were not present at that time, this Court directed not to release the order. Thus, the applications were again posted for hearing on 15.07.2021 and I heard learned counsel on both sides. The case diary was also made available for perusal.