MOHAMMED IRSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications for regular bail moved by accused Nos.11, 1, 2, 8, 4 and 6 respectively in crime No.525/2020 of Malappuram police station, which was registered on 24.09.2020, after seizing 318 kg of ganja from the immediate possession of accused Nos.1 to 5 by the Inspector of Police, who is the Station House Officer of Malappuram police station.

(2.) The sum and substance of the prosecution allegation is that on 24.09.2020 at about 1.25 a.m. in the night, the Inspector and party including the Sub Inspector were engaged in night patrol duty. At about 2.30 a.m., at a place by name Ponmala, one Yaseen Muhammed approached them and said that his pick-up van KL-10-AP-3484 was taken by one Abdul Rahman for the purpose of transporting onion, that he suspects that it was unauthorisedly taken out of the State and might have been misused for illegal purposes and requested for taking steps for retrieving the vehicle. While the police party were checking vehicles on the PerinthalmannaKottakkal road, at Chapanangadi School padi, in front of the High School, the said pick-up van came from Perinthalmanna to Kottakkal side. He signalled the vehicle to be stopped. Behind it an Innova car, MH-12-KN-9226 also came. When the pick-up van was stopped, the Innova car also was stopped and tried to be taken back. When the police intercepted, three persons, one from the driver seat and two persons sitting in the centre seat of the car, opened the right doors and ran away from the place. Three persons who travelled in the Innova car were not allowed to go out and those three persons and two persons found in the pick-up van were intercepted; on inspection of the vehicles 21 kg of ganja was found transported in the Innova car, whereas 297 kg of ganja was found concealed among the onion bags in the pick-up van. Thus accused Nos.1 and 2 who were travelling in the pick-up van and 3 to 5 who were travelling in the Innova car were arrested from the place. From their version, it could be revealed that the persons who ran away from the place were accused Nos.6 to 8. Thus after seizing 318 kg of ganja and the vehicles, that crime was registered and during the course of investigation others were also arrested for the case. The following table will give a general idea about the accused persons, their rank and date of arrest.

(3.) Now it has come out that after completion of investigation, charge sheet has already been laid before the Special Court for NDPS Act Cases, Manjeri where it is pending as SC No.397/2021. The petitioners have sought for their release on bail. Petitioners face allegations under Sections 20(b)(ii)(C), 27A and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, hereinafter referred to as the NDPS Act, for having illegally found in possession or transportation of 318 kg of ganja.