ABEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code .

(2.) The petitioners are accused numbers 7 and 8 in SC No.995 of 2022 on the file of the Additional District and Sessions Court-I, North Paravur. Crime No.248/2022 of Angamaly Police Station, Ernakulam District has been registered against the petitioners and others alleging offences punishable under Ss. 20 (b) (ii) (B), 20 (b) (ii) (C), 8(c), 27A and 29 of NDPS Act.

(3.) The prosecution case in brief is as follows: In the intervening night between 05/03/2022 and 06/03/2022, 11.130 kgs of ganja and 1.525 kgs of hashish oil were recovered from the car with registration No. KL-07-AV-2050 belonging to the first accused parked at the parking area of Federal City Flat at old bridge road in Karukutty village, by the S.I of police Angamaly and his team consequent to the secret information received by him. The contraband items were recovered and the first accused was arrested by the S.I of police Angamaly. Upon further investigation it was revealed that accused Nos. 1 to 11 had entered into a criminal conspiracy for importing huge quantities of ganja, hashish oil etc., from Odisha to Kerala. As part of the above conspiracy, the accused 1, 2 and 9 purchased 60 kgs of ganja and 4 kgs of hashish oil from the 6th accused on 23/02/2022. The above contraband items were brought to Kerala by accused Nos. 1, 2 and 9 and sold to accused Nos.3, 4, 5 and 7. The 7th and 3rd accused had sold a portion of ganja purchased by them to his brother who is the 8th accused. The amount mobilised by accused Nos.3, 4, 5 and 7 by the sale of the above narcotic substance was transferred to the account of the first accused. The amount which the 8th accused obtained by the sale of the above contraband was transferred to the bank account of the 7th accused. The second accused also transferred profit share of the above illegal transactions to the 9th accused by way of several bank transactions. 11.130 kgs of ganja and 1.525 kgs of hashish oil recovered from the car of the first accused on 05/03/2022, which was purchased from the 6th accused, a native of Odisha. Thus the accused are alleged to have committed the offences punishable under Sec. 20(b)(ii) B, 20(b)(ii) C, 8(C), 27(A) and 29 of NDPS Act. It is also submitted that the 1st petitioner was arrested on 7/4/2022 and he was remanded to judicial custody. The 2nd petitioner herein was arrested on 24/3/2022 and he was remanded to judicial custody. It is also submitted that the final report in the above case was laid on 3/8/2022.