KURSITA KANDHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

(2.) The petitioners are accused Nos.1 and 2 in Crime No.49/2023 of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, for having committed offences punishable under Sec. 20(b)(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The prosecution case is that on 07/07/2023 at about 6.35 PM, while the Excise Enforcement and Anti Narcotic Special Squad, along with officials of RPF and RPF Crime Intelligence Bureau were conducting an inspection at Ernakulam South Railway Station and the platform, accused No 1 and 2 get off from Dhanbad Express which arrived at platform No 4 and was looking for someone. Feeling suspicious about their activities, the Excise officials followed them; the petitioners travelled through the platform, reached near the prepaid auto counter and waited for someone. After some time, a tall person came to the place and handed over the money to the petitioners, and the petitioners gave 2 bags to him. At that point of time, Excise officials intervened and questioned the petitioners, they revealed that 2 bags contained Ganja, and the third person who came there gave money, and he was trying to purchase the same. The accused thereby committed the above offences.