RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed for granting anticipatory bail, under S.438 of the Code of Criminal Procedure Code ('the Code', for short).

(2.) According to prosecution, the excise officials received anonymous telephone call that Ganja was kept in the tea shop run by petitioner and they proceeded to the said shop and on 22/04/2010 at about 11.30 a.m., they conducted a search and seized 1.528 Kg. of Ganja from the said shop. A case was registered against petitioner under S.20(b)(ii) of the Narcotic Drugs and Psycotropic Substances Act ('the Act', for short).

(3.) Learned counsel for petitioner submitted that petitioner was hospitalised for six days from 20/04/2010 till 26/04/2010 and on the alleged date of occurrence, viz., 22/04/2010, he was at hospital, undergoing treatment, as an inpatient. Annexure II - discharge summary issued by the doctor will clearly establish these facts, it is further submitted. According to petitioner, this is a false case and hence, anticipatory bail may be granted, it is argued.