JABIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail.

(2.) The petitioner is the 4th accused in Crime No. 855/2023 of Tanur Police Station, Malappuram District, for having committed offences punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

(3.) The prosecution allegation is that, on 1/8/2023 at 00.08 Hours, the Sub Inspector of Tanur Police Station got secret information that a group of people were selling a Synthetic narcotic drug called MDMA in a red colour Tata Nexon car bearing number KL-65-N-3754 p.m., and after recording the information in the General Diary No.2, prepared a report to the Superior office, the Inspector of Tanur Police station, with SCPO 5231 Sreehareesh, CPO 6600 Libin and DVR CPO 6686 Prasobh proceeded to the site in a Jeep bearing number KL-01- CH-8041 with the investigation kit and reached at the place of incident at 00.15 HRS and found the car. There were five passengers in the car, and seeing the police party, they attempted to escape, and the police party arrested the accused from the site. Thereafter, in the presence of Thirurangadi Police Inspector, a search was conducted on the body of the accused in the presence of independent witnesses at 01.01 Hrs and detected 4.91 grams of MDMA from the custody of 1st accused, 4.46 grams of MDMA from the custody of 2nd accused, 4.25 grams of MDMA from the custody of 3rd accused and 3.63 grams of MDMA from the custody of 4th accused along with other personal properties and thereby committed the offence.