VAISHNAV Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.1542/2021 of Town East Police Station, Thrissur alleging commission of offences under Ss. 22(C), 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' for short).

(2.) The case of the prosecution, in brief, is that on 7/8/2021 at 4.30 p.m the petitioner was found in possession of 72 grams of MDMA near the Kokkala Railway Station, Thrissur. It is alleged that the petitioner had kept the said quantity for the purposes of sale. The earlier bail application of the petitioner was rejected by me through order dtd. 7/2/2022 in B.A. No.9874/2021.

(3.) The learned counsel appearing for the petitioner would submit that a final report has been filed and the same is pending as S.C 1136/2021 on the file of the Additional District and Sessions Court-IV, Thrissur. It is submitted that the said report is an incomplete report and same does not contain the analysis certificate of the forensic science laboratory. It is submitted that the petitioner is therefore entitled to bail in terms of the judgment of this court in Sameer v. State of Kerala; 2021 (5) KHC 338, where this court had taken the view that where a final report is filed without an analysis report the accused may be entitled to statutory bail notwithstanding the filing of the final report.