BHARATH JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is accused No.9 in Crime No.731 of 2021 of Haripad Police Station, Alappuzha District alleging commission of offence punishable under Ss. 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(3.) The prosecution allegation is that, on 7/11/2021 at about 10.05 P.M, the Sub-Inspector of Police, Haripad got an information that some persons are possessing Narcotic Drugs with them in Room No.61 of 'Mangalya Resorts' Hospital and that he recorded the said information and forwarded the same to the immediate superior officer and proceeded to the alleged spot, reached there at 10.25 P.M, searched the room and detained 7 persons who were there in the room and that the police party sought the presence of Tahsildar and Executive Magistrate for conducting the body search of those persons and that after the search, the Sub-Inspector of Police seized 52.410 grams of Methylene Dioxy Metha Amphetamine (MDMA) from the possession of those persons and that after complying with the formalities, the police party prepared a mahazar and on the basis of that the above said crime was registered. It is also alleged that during the course of investigation, the 9th accused transferred an amount of Rs.30,500.00(Rupees Thirty Thousand Five Hundred only) and Rs.25,000.00(Rupees Twenty Five Thousand only) to the account of the 1st accused through Google Pay so as to buy MDMA, that the above mentioned Rs.30,500.00 (Rupees Thirty Thousand Five Hundred only) was received from two friends of the said accused, for the purpose of buying 45 grams of MDMA, and that after receiving the said amount, he ordered MDMA from the 1st accused and transferred the above amount to the 1st accused, and it was also urged by the prosecution that on 07/11/2021, accused Nos. 1 to 4 reached at Pullukulangara Junction, Kandalloor Village in a Bolero car and handed over three pouches of MDMA having a total weight of 45 grams to the 9th accused and that after receiving the same, he had given 30 grams and 15 grams to his friends.