NITHIN THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of Cr.P.C.

(2.) The applicant is the 2nd accused in Crime No.8/2020 of Kaduthuruthy Excise Range for having allegedly committed the offences punishable under Sections 22(c) and 25 of Narcotic Drugs and Psychotropic Substances Act , 1985 (for short "the Act").

(3.) The prosecution case in brief is that on 31.05.2020 at about 11.00 AM on getting a tip of from an informant, the Excise Inspector and his party of the Excise Range at Kaduthuruthy intercepted the applicant and the 1st accused while they were riding on a motor cycle bearing Reg.No.KL-01-BJ-3796 at Thalapara Road. After appraising them about the suspicion entertained by the Excise party about their being in possession of narcotic drugs and psychotropic substances, they were subjected to inspection after informing them about their right to get the inspection done in the presence of a Gazetted Officer, and accordingly, an officer of the Excise Department was called for to witness the inspection. Four LSD stamps weighing 66 mg. were recovered from the body of the 1st accused; while the applicant, who was a pillion rider, was in possession of one LSD stamp weighing 16.5 mg. Thereafter, on questioning the 1st accused, he gave a statement that he is in possession of more such LSD stamps at his home, and accordingly, his house was searched and 9 more LSD stamps were recovered, having a weight of 148.5 mg. The accused were thus in possession of commercial quantity of LSD stamps.