MUJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under S.439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.212 of 2011 of Perumpadappu Police Station, Malappuram District.

(2.) The offences alleged against the petitioner are under S.21(c) and S.29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'). The case was originally registered under S.22(c) of the NDPS Act and S.120B read with S.34 of the Indian Penal Code. Later, a report was filed and the sections of offence were altered to S.21(c) and S.29 of the NDPS Act.

(3.) The prosecution case is the following: On 28/06/2011 at about 4 p.m., the Sub Inspector of Police, Perumpadappu Police Station got secret information that some persons belonging to Mannarkkad would arrive near Taj Theatre, Palappetty, to hand over brown sugar to one Tharayil Mujeeb of Palappetty. The police party went to the spot. They found four persons near the Taj Theatre. On seeing the police party, one among the four persons escaped from the place in an Alto car, bearing registration No.KL5-7075. The other three persons were apprehended. They were: (1) Subair, (2) Sheriff (brother of Subair) and (3) Mujeeb. The police got information that the person who escaped from the scene of occurrence was Harris. He was made accused No.4. On search of the body of accused Nos. 1 to 3, a quantity of 900 grams of brown sugar was seized from the possession of accused No. 1 and three small packets containing brown sugar were seized from the possession of accused No.2. There was no contraband in the possession of Mujeeb, accused No.3.