SURESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the third application for regular bail, filed under Sec. 439 of the Code of Criminal Procedure, by the petitioner, who is the 9th accused in Crime No.38/2021 of Excise Range Office, Ernakulam.

(2.) The prosecution case is that, at 7 p.m on 19/8/2021, the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam detected 1.085 Kgs of MDMA without identifying the possessor of the same. Accordingly, crime was registered alleging commission of offences punishable under Ss. 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act' hereinafter). Thereafter, as part of the investigation, the CCTV details available at Marhaba Apartment, Vazhakala was examined and accordingly, it was found that accused Nos.1 to 9 are the persons behind the transport of the said commercial quantity of the contraband and accordingly, all the accused were arrested in periodical intervals.

(3.) In this matter, the earlier bail applications filed by the petitioner herein, were dismissed by this Court, vide B.A.No.10321/2022, dtd. 27/1/2023 and B.A.No.3370/2023, dtd. 8/8/2023.