SHAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the 3rd time the petitioner, who is the accused in Crime No. 1 of 2020 of Manjeri Excise Range, Malappuram, is before this court seeking his release on bail.

(2.) The prosecution allegation is that on 5.1.2020 at about 4.30 p.m. he was found in possession of 1.200 kgs. of ganja, 13.270 grams of Methylene Doxy Methamphetamine (MDMA) and 49.060 grams of Brown Sugar at a place called Morayur in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act and thereby committed offences punishable under Sections 22(c) , 21(b) and 20(b)(ii) B of the NDPS Act.

(3.) The learned counsel for the petitioner has submitted that the final report has been filed by the prosecution on 4.5.2020 without the chemical examination report of the alleged narcotic items seized from the petitioner. It is further submitted by the learned counsel for the petitioner that the petitioner has been in custody since date of his apprehension and because of the Covid-19 pandemic, the court below may not have regular sitting and therefore, there is every possibility of the trial of the case being delayed. In such a situation he requests to have a lenient view in the matter especially because the petitioner is an youngster having no criminal antecedents. The learned counsel also submits that the petitioner is the sole bread winner of his family and his young wife and children are starving and hence, requested for his release on bail pointing out that he is ready to abide with any conditions imposed by this court.