LAWS(KER)-2004-5-37

JIJU MARAN Vs. NARCOTIC CONTROL BUREAU

Decided On May 27, 2004
JIJU MARAN Appellant
V/S
NARCOTIC CONTROL BUREAU Respondents

JUDGEMENT

(1.) Petitioner is the second accused in O.R.No.3 of 2003 of Narcotic Control Bureau, Regional Intelligence Unit, Thiruvananthapuram. Learned Special Public Prosecutor of Narcotic Control Bureau submits that crime was registered against the petitioner and the other accused under S.21(c), 22(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act. Petitioner was arrested on 1.7.2003 and he is in judicial custody. Investigation of the crime was completed and final report was filed in court on 18.12.2003 and the case is now pending as Sessions Case No.1318 of 2003 in the Sessions Court, Thiruvananthapuram.

(2.) Allegation against the petitioner is that he conspired with the other accused for bringing Narcotic Drugs and Psychotropic Substances from Madurai and to take it to Mali. For that purpose first accused was sent to Madurai to bring those articles from there to Thiruvananthapuram. When the first accused reached Thiruvananthapuram Railway Station by train Officers of the Narcotic Control Bureau, who got prior information about that, intercepted him and made seizure of 88 capsules containing total quantity of 350 gms. of Heroin, 120 ampules of Buprenorhine, 12 needles and three plastic syringes. According to the learned Public Prosecutor the quantity of heroin seized from the first accused is commercial quantity.

(3.) This application is opposed by the learned Public Prosecutor. According to him bail should not be granted to the petitioner.