Akash @ Sumith vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 28, 2025

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Citation: sooperkanoon.com/1279583
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 28, 2025
Case Number: Bail Appl./4225/2025
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Akash @ Sumith

Respondent

State of Kerala

Excerpt

.....sections 22(c) and 29 of narcotic drugs and psychotropic substances act, 1985 ( for short ‘ndps act’).2. the allegation against the petitioner is that, petitioner was found in possession of 16 grams of mdma, which is a commercial quantity.3. heard the counsel for the petitioner and the public prosecutor.4. the short point raised by the counsel for thepetitioner is that, if the laboratory examination is conducted immediately, it can be seen that the contraband seized, even, if admitted would only methamphetamine and therefore, it will be intermediate quantity and hence section 37 of the ndps act is not attracted. this point is raised before the bail appl. no. 4225 of 2025 3trial court and a petition is also filed. a perusal of paragraph 7 of annexure i order would show that the laboratory informed the court that the analysis can be completed at least within three weeks time from the date of that order. if that is the case, the petitioner can approach the trial court with appropriate application after three weeks from the date of annexure i order. i make it clear that, even on that day the report is not obtained, the learned judge will take necessary steps to get it in the light of rule 14 of narcotic drugs & psychotropic substances (seizure, storage, sampling and disposal) rules, 2022.with the above observations, this bail application is disposed of. sd/- p.v.kunhikrishnan judge msa bail appl. no. 4225 of 2025 4 appendix of bail appl. 4225/2025 petitioner annexures annexure -i a true copy of common order in crl.mc no. 285/2025 and crl.m.no. 291/2025 dated 20.03.2025 of hon’ble sessions judge court at alappuzha

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 BAIL APPL. NO. 4225 OF 2025 CRIME NO.33/2025 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER DATED 20.03.2025 IN CRMC NO.285 OF 2025 OF DISTRICT & SESSIONS COURT, ALAPPUZHA PETITIONER/ACCUSED NO.1: AKASH @ SUMITH AGED 29 YEARS S/O SUNDARESAN, AKASH BHAVANAM, VALLIKKUNNAM VILLAGE ALAPPUZHA DISTRICT, PIN - 690501 BY ADVS. FRANCIS ASSISI MANJU LUCKOSE AMRUTHA P S RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP- HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4225 OF 2025 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4225 of 2025 ------------------------------- Dated this the 28th day of March, 2025

ORDER

Petitioner is an accused in Crime No.33 of 2025 of Vallikunnam Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short ‘NDPS Act’).

2. The allegation against the petitioner is that, petitioner was found in possession of 16 grams of MDMA, which is a commercial quantity.

3. Heard the counsel for the petitioner and the Public Prosecutor.

4. The short point raised by the counsel for the

petitioner is that, if the laboratory examination is conducted immediately, it can be seen that the contraband seized, even, if admitted would only Methamphetamine and therefore, it will be intermediate quantity and hence Section 37 of the NDPS Act is not attracted. This point is raised before the BAIL APPL. NO. 4225 OF 2025 3

trial court and a petition is also filed. A perusal of paragraph 7 of Annexure I order would show that the laboratory informed the court that the analysis can be completed at least within three weeks time from the date of that order. If that is the case, the petitioner can approach the trial court with appropriate application after three weeks from the date of Annexure I order. I make it clear that, even on that day the report is not obtained, the learned Judge will take necessary steps to get it in the light of Rule 14 of Narcotic Drugs & Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.

With the above observations, this Bail Application is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE MSA BAIL APPL. NO. 4225 OF 2025 4 APPENDIX OF BAIL APPL. 4225/2025 PETITIONER ANNEXURES Annexure -I A TRUE COPY OF COMMON ORDER IN CRL.MC NO. 285/2025 AND CRL.M.NO. 291/2025 DATED 20.03.2025 OF HON’BLE SESSIONS JUDGE COURT AT ALAPPUZHA

Same Court & Year Kerala · 2025 Same Parties Akash @ Sumith vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice P.V.Kunhikrishnan