MUHAMMED AMEEN Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicants herein are accused Nos.2 and 3 in O.R. No. 6 of 2019 of the Narcotics Control Bureau, Cochin ('NCB' for short) registered under Section 8 (c) r/w. Section 22 (c), 23 (c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). They were arrested in connection with the aforesaid Crime on 9.10.2019. The application for regular bail filed by the applicants as B.A.No.7787/2019 was dismissed by this Court by a detailed order on 29.11.2019. Later, they moved another application for post-arrest bail as B.A.No.9161/2019, which was dismissed by this Court by order dated 17.12.2019. They have yet again approached this Court contending that they are innocent and seeking regular bail.

(3.) Brief facts of the case necessary to be noticed for deciding this petition are that on 6th of October 2019, at about 22.40 hours, information was received by the Intelligence Officer, NCB, Sub Zone, Kochi from the CISF Control Room, Cochin International Airport to the effect that some suspicious items akin to methamphetamine, a psychotropic substance, covered under NDPS Act, 1985 were detected during security frisking by CISF from the body of three passengers, viz., Asarat Ali bound for Kualalumpur by an Air Asia flight, and two others by name, Mohammed Ameen and Mohammed Arsath, both bound for Doha by Air India Express flight. An official request was made to examine the contraband found on the body of the passengers and further to take necessary action. On receipt of the information, a team headed by the Intelligence Officer, NCB, Kochi was formed and he was designated as the seizing officer in case of interception.