SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 439 of the Code of the Criminal Procedure seeking regular bail.

(2.) The petitioner is the 2nd accused in Crime No.35 of 2022 of Chalakkudy Excise Range Office. The offences alleged against the petitioner and the other accused are under Ss. 20(b)(ii)C, 29 and 60(3) of the NDPS Act, 1985. The prosecution case is that on 28/10/2022 at about 3.45 PM, the accused Nos. 1 to 3 were found in possession of 3.800 Kg of Hashis Oil and 120 grams of Charas while they were transporting the same in a lorry near Potta Asramam Junction, Chalakkudy. The accused persons were arrested on the same day, and since then, they have been under judicial custody. Even though the petitioner submitted an application seeking regular bail, the same culminated in Annexure-A order, by which his application was dismissed. This is the second application submitted by him seeking bail.

(3.) Heard Sri.C.Anil Kumar (Kallesseril), the learned counsel for the petitioner and Sri. Jacob Simon, learned Public Prosecutor for the State.