MOHAMMED ALTHAF Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the sole accused in crime No.464/2023 of Elamakkara Police Station, Ernakulam.

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

(3.) The prosecution case is that, at about 10.35 p.m. on 27/3/2023, the accused herein possessed 1.65 gram of MDMA and 28.07 gram of Ganja, against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act' hereinafter). The accused was nabbed while he was possessing and transporting the contraband on a motor cycle bearing registration No.KL-07-BQ-9363. Pursuant to arrest and recovery of the contraband, crime alleging commission of offences punishable under Ss. 22(b) and 20(b)(ii)(A) of the NDPS Act was registered and is on investigation.