(1.) The second accused has filed B A No.5745/2023 while the third accused filed BA No.8646/2023, the seventh accused filed BA No.9195/2023 and the tenth accused filed BA No.9735/2023 in Crime No. 1358/2022 of Thalayolaparambu police station, Kottayam district registered alleging offences punishable under Ss. 20(b)(ii)C, 22(b), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have filed these applications u/s 439 of the Code of Criminal Procedure seeking regular bail
(2.) The gist of the prosecution case is that on 9/10/2022 at about 8.25 a.m. the Sub Inspector of Police, Thalayolaparambu Police Station while conducting vehicle checking at Konginimukku in Mittayikunnam Kara of Vadayar Village on ErnakulamThalayolaparambu public road, accused Nos.1 and 2 came in a blue Ford car bearing registration No. KA 3 NB 3645 from Ernakulam side. 1st accused was the driver and the 2nd accused was travelling in the car. The detecting officer had allegedly received previous information about transporting of ganja for sale. Therefore accused Nos.1 and 2 were searched, during the search 1.3 gms of MDMA was seized from the 2nd accused whereas mobile phones, money, ATM cards etc. were seized from the 1st accused. On searching the vehicle 3 kgs of dried ganja was seen kept in 45 packets in 4 sacks. Thereupon the contraband items were seized and accused Nos.1 and 2 were arrested from the spot. Thus the above crime was registered against them.
(3.) Learned counsel for the petitioners and the learned Public Prosecutor were heard.