AMEEN @ AJMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 3rd day of March, 2021 Applications for regular bail under Section 439 Cr.P.C.

(2.) The applicant in BA No.5539/2020 is the first accused while the applicant in BA No.6219/2020 is the fourth accused who seek bail in Crime No.118/2020 of Erattupetta Police Station for having allegedly committed an offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short) and under Sections 18(C) and 27(b)(ii) of Drugs and Cosmetics Act.

(3.) The prosecution case in brief is that on 30/01/2020 at about 11:10 PM consequent to getting a reliable information about the four accused persons keeping in possession drugs coming in schedule H1 for the purpose of sale without any licence or prescription by the Doctor, the Officers of Erattupetta Police Station went in search of them and intercepted a Maruti Zen car bearing registration No.KL 07 Y 6866 and found four persons in the car. On seeing the Police party, accused 3 and 4 fled way. Accused 1 and 2 were apprehended. Inspection of the car revealed 21 bottles containing 100 ML each of Triprolidine Hydrochloride and Codeine Phosphate (CODECTUSS) and 12 numbers Nitrazepam Tablets IP (Nitrosun 10) concealed inside the panel of the right side rear door of the car, and thus they committed an offence as alleged.