RAMEEZ SUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 4 respectively in crime 139 of 2021 of Kalpancherry police station in Malappuram district. They were arrested for the case on 22.05.2021 by the Inspector of Police, Kalpakancherry police station alleging offence under Sections 22(b), 22(c), 29 and 20(b)(ii)A of the NDPS Act. The allegations of the prosecution in short are as follow: On 22.05.2010 the Inspector of Police received reliable information about some youngsters dealing in narcotic drugs and thus he found the accused Nos.1 and 3 to 5 sitting in a car, KL-65-M-3339 found parked n the side of the Vylathur-Karinkapara public road near the Ponmundam KSEB office and the 2nd accused on a motorcycle KL-55-W-6874. Both the vehicles were stationary; on getting suspicion when the body of the accused were searched, the 1st accused was found carrying 85 grams of MDMA and 100 grams of ganja in his waist. He was sitting on the navigator's seat of the car; 12 grams of MDMA was found in the pocket of the 2nd accused. Thus, altogether 97 grams of MDMA and 100 grams of ganja were seized from the accused persons and the crime was registered and all the accused were produced before Court and since 23.5.2021 they are in judicial custody.

(2.) The earlier application for bail moved by the 3rd accused/the 1st petitioner was dismissed by this Court by Annexure-III order dated 22.7.2021. Similarly, the application of the 2nd petitioner moved before the Special Court, Manjeri was dismissed by Annexure-II order.

(3.) I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.