NIDHIN ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the third application filed by the petitioner, under Sec. 439 of the Code of Criminal Procedure, seeking regular bail. The petitioner is the first accused in Crime No. 1544/2022 of Ernakulam South Police Station, registered for having committed offences punishable under Ss. 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(2.) The allegation against the petitioner is that, on 21/12/2022, at 5.45 p.m., the investigating officer recovered 52.08 grams of MDMA in room No. 604 of the Caprice Residency, a lodge functioning at Panampilly Nagar, Ernakulam. The petitioner was arrested on the same day, and since then, he has been under judicial detention.

(3.) The trial of the case had started, and CW 6, 9 and 10 were examined as PW 1, 2 and 3. After the evidence of CW1 as PW4, the trial court granted bail to the second accused in Crl. M.P.No.815/2024 finding merit in the contention of the petitioner therein that there is a violation of Sec. 50 of the NDPS Act as the right of body search has not been conveyed to the accused separately and that the contraband was weighed, including the polythene covers. It was also found that the petitioner therein was in custody for more than 14 months. The petitioner herein was also arrested on 21/12/2022.