SHIBIN A.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Application For Regular Bail

(2.) On 18.02.2021, the applicants were taken into custody by the Excise Officials and they were found to be in possession of 7 grams of MDMA and they had entered into a criminal conspiracy by using a Tata Innova car bearing reg.No.KL-60-K-4142 to transport the aforesaid contraband, narcotic drug. The applicants state that they are innocent and the allegations are not true and that they have been falsely implicated.

(3.) Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicants do not have any criminal antecedents. They have been in custody since 18.02.2021. The quantity of contraband involved is not commercial. And, therefore, the rigour under Section 37 of the NDPS Act is not attracted. The applicants are therefore entitled to be released on bail.