SUDHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The following question of law is involved in this Bail Application: In a case involving an offence under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, can bail be refused on the ground that the accused is involved in other cases for the offence under Section 22(a) of the Act and for offences under the Indian Penal Code

(2.) The Petitioner is the accused in Sessions Case No.319 of 2011 on the file of the Court of the Additional Sessions Judge (Adhoc II), Ernakulam. The offence alleged against the accused is Under S. 22(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPSAct'). The Petitioner is in judicial custody since 11.03.2011. He seeks bail under Section 439 of the Code of Criminal Procedure.

(3.) The prosecution case is the following: On 11.03.2011, at about 5 P.M., the Sub Inspector of Police, Ernakulam Town North Police Station found the petitioner/accused standing near a bike and two or three persons standing near him. On seeing the police, the other persons ran away. The petitioner/accused tried to escape on the bike. He was intercepted by the police. On search of his body, 10 ampules of diazepam were seized. 97 amplules of Lupegesic were found in a kit hung on the handle of the bike. The accused was arrested. The Bail Applications filed by the petitioner were rejected by the Additional Sessions Judge.