LAWS(KER)-2023-2-205

ANILKUMAR Vs. STATE OF KERALA

Decided On February 07, 2023
Jijendran C.M. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is a petition filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the 5th accused in crime No.890/2020 of Kalloorkad Police Station, where the prosecution alleges commission of offences punishable under Ss. 8(C), 20(b)(ii)(C), 27(A), 29, 31(1) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'NDPS Act').

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the detailed report and the case diary as such, placed by the learned Public Prosecutor.

(3.) The prosecution case is that, on 25/11/2020 the detecting officer got reliable information about concealment of large quantity of ganja at building bearing number XI/38 of Ayavana grama panchayat, owned by one Shiju George which was leased out to the 1st accused in this crime. Thus the Officer and party proceeded to the place in the morning, but that building was found locked. Thus the said Shiju George, the owner of the building, was summoned and using the duplicate key provided by him, the building was opened and 39.845 kilogram of ganja in 17 packets were seized. Pursuant to recovery, crime alleging commission of the above offences was registered. Thereafter accused Nos.1, 3 to 5 were arrested. The second accused, who is a close associate of the 1st accused, obtained anticipatory bail from this Court so that he was not arrested. The petitioner, who is the 5th accused, was arrested on 28/3/2021 and he has been in judicial custody thereafter, seeks regular bail in this case.