NAHAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in B.A.No.3862 of 2020 is the 3 rd accused, while the applicant in B.A.No.5352 of 2020 is the 2 nd accused in Crime No.118/2020 of Erattupettah Police Station, Kottayam for having allegedly committed offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). This is the 2nd application by the 3rd accused, while the 2nd accused has filed an application for bail for the 3rd time.

(2.) The prosecution case, in brief, is thus:- On 31.01.2020, the applicants along with two other co-accused were travelling in a car bearing registration No. KL-7-Y-6886 and they were apprehended by the police and accused 3 and 4 fled away from there, while accused 1 and 2 were apprehended. On inspection of the car, it was found that 21 bottles containing 100ml of triprolidine hydrochloride and codeine phosphate and two strips containing a total of 12 tablets of nitrazepam tablets IP (Nitrosum 10) were concealed inside the panel of the car. The crime was registered. The 2nd accused was apprehended on the very same day, while the 3rd accused was subsequently apprehended on 24.04.2020.

(3.) The learned counsel appearing for the 2 nd accused would contend that as per the labels affixed on the cough syrup bottles, it can be seen that it is manufactured by the Cadila Pharmaceuticals and that the total contents of codeine which is a prohibited drug and a narcotic substance is only 10 mg for 100 gms, and therefore even if the ingredients in all the ten bottles are added up, it would come to only less than the small quantity of codeine and therefore the applicant cannot be held responsible for offence of having possessed commercial quantity of the drug attracting the embargo under Section 37 (1) (b) of the NDPS Act . It is also submitted by the learned counsel that at the most for want of prescription it is an offence punishable under Section 27 of the Drugs and Cosmetics Act , for which the provisions are not as stringent as for an offence under the NDPS Act . The applicant has been in custody since 31.01.2020 and it is not possible to complete the trial expeditiously and therefore he may be released on bail.