AMAL THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 23rd accused in Crime No.36/2021 of Excise Range Office, Ernakulam which was registered for the offences punishable under Ss. 22(c), 25 and 29 of NDPS Act.

(2.) The prosecution case is that, on 19/8/2021 at about 1.40 a.m., when the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, conducted a search at Marhaba Apartment, Vazhakala at Ernakulam, they could recover 83.896 grams of MDMA kept for sale in the apartment. During the search, they arrested accused No.1 to 5. The crime was registered in such circumstances. During course of investigation it was revealed that the petitioner was also involved and accordingly he was implicated along with some other accused persons. As part of the investigation the petitioner was arrested on 20/2/2023. Since then he has been under judicial detention. Even though he has approached this Court on an earlier occasion seeking regular bail, the same was dismissed as per Annexure VIII order dtd. 7/7/2023 in B.A. No.5000/2023. This application for regular bail is submitted in such circumstances pointing out that, some of the other accused persons were already granted bail by this Court.

(3.) Heard Sri.Francis Assisi, learned counsel for the petitioner and Sri.Sanal P. Raj, learned Public Prosecutor for the State.