AMALSHA ALIAS FAISAL Vs. STATE OF KERALA,

JUDGEMENT

(1.) The applicant is the 1st accused in Crime No.1525 of 2020 of Chathannoor Police Station, Kollam, for having allegedly committed offences punishable under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short (the "NDPS Act "). The prosecution case, in brief, is this:

(2.) On 21.08.2020 at about 5.45PM, the Police Officers intercepted the applicant and the 2nd accused and the applicant was found to be in possession of 1.638 Kgs of Ganja in the car, which was parked in front of the applicant's house. The crime was registered and the applicant apprehended and thereafter remanded to judicial custody on the same day. The applicant states that he is innocent and the allegations are not true, just because he has got some criminal antecedents, the Police have foisted a false case against him. It is also stated that in some of the antecedents, which have been pointed out against him, he has been acquitted by the court after trial. He has been in custody for 58 days and the 2nd accused has also been apprehended and under the circumstances, he may be released on bail, states the applicant.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has opposed this application for bail with much vehemence for the reason that the applicant is a known criminal and has been involved in five other criminal cases, in which two are under the NDPS Act. It is admitted that in one of the NDPS cases he has been acquitted. But, the other one, he continued. It is further pointed out by the learned Public Prosecutor that in one of the NDPS cases, he was granted bail and on condition. He violated the condition for bail by getting involved in another crime and thus, the bail had to be cancelled, subsequently, he was granted bail in that case. In this case, also the apprehension of the prosecution is that he may abscond or get involved in similar crimes and such being the situation, the application for bail cannot be entertained at all, submits the learned Public Prosecutor.