AADIL S. HANEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the third application for regular bail, filed under Sec. 439 of the Criminal Procedure Code, by the petitioner, who is the 2nd accused in Crime No.42/2023 of Kanjirappally Police Station, Kottayam, where the prosecution alleges commission of offences punishable under Sec. 22(c) & 20(b) (II)(A) and 29 of the Narcotic Drugs and Psycotropics Substances Act ('NDPS Act' for short).

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and report of the Investigating Officer, placed by the learned Public Prosecutor.

(3.) The prosecution case, initially, at the time of preparing the search list was that the 1st accused was found in possession of 300 ml of LSD stamp and 1 gram of Hashish at 8.10 p.m on 8/1/2023 and later when the contraband was weighed before the Magistrate, it was found that the LSD stamps recovered from the staccused (5 in numbers) would weigh 0.11 gram and the Hashis would come to 0.26 gram. In this crime, the specific allegation against the 2nd accused/petitioner is that he sold the contraband recovered in this crime to the 1st accused. The further allegation is that when search was conducted at room No.11 of Subramanya Arcade Lodge, Amala Nagar by SHO, Peramangalam Police Station, 10 gram of Hashish oil was seized from the possession of the 2nd accused and two others, for which Crime No.35/2023 of Peramangalam Police Station was registered alleging commission of offence punishable under Sec. 20(b)(II)(A) of the NDPS Act. This is the premise on which the prosecution alleges commission of the above offences by accused Nos.1 and 2.