NISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 20.12.2020 the applicants and co-accused totalling 15 in number including men and women came from various places and gathered in a resort named 'Cliff Inn' at Vattapputhal in Idukki for a ' D.J. Party' and on getting discreet information, the police officers of the Vagamon Police Station conducted a raid, in consequence of Narcotic Drugs and Psychotropic Substances like Ecstasy Pills, Ecstasy Powder, hashish, L.S.D stamps, charas, MDMA, herb rolling paper and Ganja were seized from each of the accused.

(3.) It is stated that the applicants are innocent and that they were having only an intermediary quantity of MDMA and Hashish oil with them and therefore the embargo and the rigour under Section 37 of the NDPS Act is not attracted as far as they are concerned. Therefore they seek bail. They have been in custody since 20.12.2020