RAHMATULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short, the Code), by the first accused in Crime No.334/2023 registered by the Edakkara Police Station, Malappuram alleging the accused (2 in number) to have committed the offences punishable under Ss. 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The petitioner was arrested on 5/4/2023.

(2.) The prosecution case, in brief, is that: on 5/4/2023 at about 12.40 p.m the accused were found to be transporting 58.10 gms of MDMA in a scooter bearing Reg.No.KA 03 KK 2167. Thus, the accused have committed the above offences.

(3.) When the bail application came up for consideration on 25/9/2023, this Court taking into account the serious medical condition of the petitioner, who is suffering from diabetics and hypertension and is a high risk patient of paralytic stroke, granted an order of interim bail.