FIJO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is arraigned as the 3rd accused in Crime No. 705 of 2021 registered for the offences punishable under Ss. 20(b)(ii) C, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') read with Sec. 120B of the Indian Penal Code, has moved this application seeking bail under Sec. 439 of the Code of Criminal Procedure.

(2.) The petitioner has been in custody since 13/8/2021. The prosecution case is that on 12/8/2021 at about 10.45 a.m., accused Nos. 1 and 2 were found transporting 20.845 kgs. of ganja in a Mahindra Bolero pickup bearing Registration No. KL-39-G-4860 through the public road near Muringoor Chackola Marys Tile Works. They were apprehended by the 1st respondent and on investigation it was revealed that accused Nos. 3 and 4 had financed them to procure and transport the ganja and thereby accused Nos. 1 and 2 were apprehended by the police and accused Nos. 3 and 4 were arrested on the next day.

(3.) The learned counsel for the petitioner has raised a plea of false implication and contended that he is totally innocent of the allegations levelled against him. In fact nothing has been seized from his possession. Of-course there is an allegation that he had financed to purchase and transport ganja along with the 4th accused, as confessed by accused Nos. 1 and 2, but, in fact, this petitioner is having some business transaction with accused No.2. The amount of Rs.5,000.00 alleged to have been transferred by this petitioner to the account of the 2nd accused was not for the alleged purchase of ganja as stated by the prosecution, but it was in connection with their joint diary farm business. So, he seeks for his release on bail.