CHANDU Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed by accused Nos.3, 5 and 2 respectively in crime No.1393/2020 of Angamaly police station, which was registered alleging offence under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (the NDPS Act for short). The crime was registered after seizure of 103.080 kg of ganja by the Sub Inspector of Angamaly police station on 25.11.2020. That day, at the early hours at 1.30 a.m., on getting reliable information about unauthorised transport of huge quantity of ganja in two vehicles, he proceeded to the TB junction Angamaly and started checking vehicles. On getting information that two cars, i.e. a Hyundai i10 bearing Regn. No. KL 30 G 3299 and a Maruti Ertiga bearing Regn.No.KL 17 P 6435, are advancing towards Angamaly, he created a fake traffic block by parking a lorry across the road. At that time both the said cars came that way; accused Nos.1 and 2 were travelling in KL 30 G 3299 and the other car was driven by the third accused. They were intercepted and when the vehicles were inspected, the Hyundai i10 was found travelled by accused Nos.1 and 2; 41.130 kg of ganja was found from its dikki whereas 61.950 kg of ganja was found transported in the other car. This together, i.e 103.080 kg of ganja, was seized from the possession of the accused persons. They were arrested in the presence of independent witnesses and the crime was registered and since then they are in judicial custody.

(2.) As large conspiracy was involved in the procurement and transport of so much quantity of ganja, the investigation was conducted exhaustively and during the course accused Nos.4 to 7 were also arrested, and they are in judicial custody.

(3.) It is understood that the first accused has already been granted regular bail. Accused Nos. 2, 3 and 5 have moved these applications under Section 439, as stated earlier.