AZHARUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Is an oral application sufficient to release an accused on statutory bail? Is the point posed for consideration in the bail application?

(2.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 by the third accused in Crime No.314/2023 registered by the Peechi Police Station, Thrissur, against four persons for allegedly committing the offence punishable under Sec. 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short). The petitioner was arrested on 26/5/2023.

(3.) The essence of the prosecution case is that, on 26/5/2023 around 12.30 a.m., acting on a secret information, the detecting officer intercepted the vehicle bearing Reg. No.KL-43/A-3874 and the accused were found travelling in the vehicle. In the search that was conducted, 49.300 kilograms of Ganja was seized from the vehicle. The accused were arrested on the spot for being in possession of and transporting the contraband article in contravention of the provisions of the Act. Thus, the accused have committed the above offence.