ANAND Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the 3rd bail application filed by the 2nd accused in Crime No.273 of 2023 of Kottarakkara Police Station, Kollam under Sec. 439 of the Code of Criminal Procedure.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary as such.

(3.) The prosecution allegations is that, based on a secret information received to the effect that a youngster had been traveling along with MDMA in an A.C bus coming from Bangalore, when search was conducted, it was found that a youngster was carrying 2 bags, in front of Dhana Boutique on the eastern side of Plakkottu Castle building, on the opposite side of Kottarakkara private bus stand. On seeing the excise party, the petitioner attempted to escape. Thereafter, he was intercepted and, on search, 106 gram of MDMA was seized from his possession. Accordingly, crime was registered alleging commission of offence punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act' for short hereinafter). Later, investigation revealed that the 1st accused along with the petitioner herein purchased MDMA from Bangalore on 26/1/2023 along with Vishnu and Anand and they used to share the profit out of the said business. Further investigation revealed that the 2nd and 3rd accused entrusted Rs.90,000.00 to the 1st accused for the purchase of contraband. Further when search was conducted, a yellow plastic cover, 3 ball shaped packets to store MDMA tied with masking tape, were seized from the petitioner's custody.