JOSEPH PRINCE AMARESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the 2nd accused in Crime No. 756/2022 of Mattancherry Police Station, Ernakulam district, registered for having committed offences punishable under Ss. 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (The NDPS Act), which is now pending as S.C.No.276/2023 on the file of the Addl.District and Sessions Court-VIII, Ernakulam.

(2.) The prosecution case is that, on 29/9/2022 at about 11.40 P.M., the 1st accused was found in possession of 493 grams of MDMA near Chullikkal Pump Junction, Thoppumpadi. The allegation against the 2nd accused is that he has some illicit financial transactions with the 1st accused in the above crime. The 1st accused transferred some cash to the petitioner, and the petitioner transferred the same to the 5th accused. The petitioner's bank account was used by the 5th accused for illegal drug business. Thus, the petitioner herein/2nd accused is alleged to have committed the above offences.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 9/10/2022, and the continued custody of the petitioner is unnecessary.