SHAFEER A. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the 1st accused in Crime No.65 of 2021 of Sulthan Bathery Excise Range, Wayanad registered alleging commission of offences punishable under Ss. 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case in the occurrence report is that on 10/12/2021 at about 9.20 a.m. the Excise Circle Inspector, Muthanga Check Post searched the white Maruthi Ritz car bearing registration No.KL-72-5072 in which accused Nos.1 and 2 were travelling and seized 69 grams of MDMA from the dashboard of the car and after complying with all the formalities of search and seizure under the NDPS Act they were arrested. In the chemical analysis the contraband was reported to be not MDMA but only methamphetamine.

(3.) Petitioner submits that he is in custody from 10/12/2021 onwards and has undergone more than one year and seven months custody. Though he has moved this Court earlier seeking bail the same was dismissed as withdrawn as per Annexure-1 order. Petitioner further submits that the trial of the case is not yet started and the same has been scheduled for trial. Petitioner also submits that he has no other criminal antecedents and he relies on the judgment in Fasal v. State of Kerala [2023 (3) KHC 212].