ABDUL JABBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application, filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the second accused in Crime No. 594/2023 of Chavakkad Police Station, Thrissur district, for having committed an offence punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act.

(2.) The prosecution case is that on 3/8/2023, at approximately 7 pm, during patrolling, the complainant saw a person standing near the Chavakkad Kozhikkulanagara Vaily temple wearing a shoulder bag and during the inspection, the police officers discovered that the accused No.1 was in possession of 49.700 grams of MDMA without the necessary documentation or authority to possess such a substance and thereby, committed the abovesaid offence.

(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 14/10/2023, and the continued custody of the petitioner is unnecessary.