JABIR MULLALI Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) Applications under section 439 CrPC for regular bail.

(2.) Petitioner in BA No.1577/2020 is the first accused (A1) and the petitioner in BA No.2891/2020 is the second accused (A2) in OR No.4/2019 of the Narcotic Control Bureau, Sub Zone, Kochi ['NCB', for short]. Applications are filed by the accused separately under Section 439 Cr.PC seeking bail. They have allegedly committed offences punishable under Section 8(C) read with Sections 22(C) , 23(C) , 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 [' NDPS Act ', for short].

(3.) The facts in brief are thus: On 2.9.2019, the NCB received information from the CISF Control Room attached to the Calicut International Airport that during the security check, some suspicious items suspected to be narcotic drug was detected from a laptop bag carried by A1 bound to Doha by Qatar Airways Flight. The NCB officials were directed to examine the contraband and to take appropriate action. Accordingly, the Intelligence Officer of the NCB proceeded to the Airport and found that A1 was detained by the CISF officials. Two packets covered in black polythene bags and plastered with brown cello-tape were found in the laptop bag in his possession. On opening those packets, after complying with the provisions of Section 50 of the NDPS Act, it was found containing a white coloured crystal substance, confirmed to be 240 grams and 250 grams, respectively of methamphetamine, a psychotropic substance, on being tested by the officers using the standard testing kit for analysing the sample. The seizure was effected in the presence of the Assistant Commandant of the CISF and samples were drawn, collected and sealed, in accordance with the law. In the statement of A1 recorded under Section 67 of the NDPS Act he confessed that he was provided with air-ticket for travel to and fro by A2, who had made negotiations with him. He was however made to believe that he was carrying some chemical to be used for the purpose of processing Gold. A1 was immediately arrested and remanded to judicial custody.