SHINAS Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for regular bail moved by accused Nos.1 and 2 respectively in crime No. 1/2021 of Excise range, Aluva.

(2.) The crime was registered after seizing 14 gms of substance, allegedly MDMA, from the possession of the petitioners, so that offence under Sections 22(c) and 29 of the NDPS Act was involved. They were arrested on 26.01.2021 and since then are in judicial custody.

(3.) After completing investigation, charge sheet has already been laid, but at that time the chemical examination report was awaited. Now the learned Public Prosecutor has placed before Court a copy of the chemical examination report which indicates that the substance is Methamphetamine Hydrochloride and not MDMA. That means, when 14 gms of Methamphetamine Hydrochloride was found in the possession of the petitioners, that would attract only section 22(b) of the NDPS Act, which is an intermediary quantity. The charge sheet has already been laid; petitioners do not have any criminal antecedents to their credit. Therefore, the petitioners shall be released on bail on the following conditions:-