ARSHAD ASHARAF Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the 2nd bail application filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the 5th accused in crime No.283/2023 of Pattambi Police Station, Palakkad.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the chemical analysis report, placed by the learned Public Prosecutor.

(3.) The prosecution case is that at about 13.45 p.m on 17/4/2023, an information was received by the Sub Inspector of Police, Pattambi Police Station to the effect that a person was engaged in sale of contraband near MES School, Pattambi. Accordingly, the Sub Inspector of Police and party reached the place at 14.15 hours and recovered 1.620 gram and 14.550 gram of MDMA from the possession of the 1st accused. Subsequent to the recovery, he was arrested and crime was registered alleging commission of offence punishable under Ss. 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1987 (hereinafter referred to as 'NDPS Act' for short). On later investigation it was revealed that the other accused also involved in this crime. Accordingly, accused 2 and 3, who were summoned and were nabbed in this crime. On further investigation, it has been revealed that the MDMA was arranged and handed over to the other accused by the 5th accused, who has been dealing MDMA in Bangalore. It was found further that accused No.1 contacted the 5th accused and as directed by the 1st accused, Rs.28,000.00 was arranged by accused 1 to 3 together and transferred in the account of the 5th accused through the account of the 3rd accused and in turn, the contraband was purchased by the 5th accused using the said sum. Accordingly, the petitioner/5th accused was arrested on 17/4/2023 and has been in custody till now.