STATE OF KERALA Vs. SREEBABU

JUDGEMENT

(1.) This petition is filed by the State challenging the order dtd. 13/10/2022 in Crl. M.P. No. 4059/2022 passed by the learned Sessions Judge, Alappuzha, granting regular bail to the respondent herein.

(2.) Short facts are as under: The prosecution allegation is that on 11/2/2022 at about 2.55 PM, the 1st accused was found travelling in a private bus bearing Registration No.KL-38-2825 from Cherthala Bhagom to Arukkutty possessing 138.750 gms of MDMA. Based on source information, he was arrested, and the contraband articles were seized. The 1st accused is alleged to have disclosed that the respondent herein is his close friend and associate. A crime was registered as FIR No.110/2022 at Poochakkal Police Station u/s.22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act, 1985" for brevity) against accused Nos. 1 and 2. The investigation which was conducted disclosed the involvement of the accused Nos. 3 and 4.

(3.) An application for regular bail was preferred by the 2nd accused. The learned Sessions Judge took note of the rival contentions and observed as follows: