MUHAMMED KAIZ Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail, filed under Sec. 439 of the Criminal Procedure Code, by the petitioner, who is the 1st accused in Crime No.42/2023 of Kanjirappally Police Station, Kottayam, where the prosecution alleges commission of offences punishable under Sec. 22(c) and 20(b)(II)(A) and 29 of the Narcotic Drugs and Psycotropics Substances Act ('NDPS Act' for short).

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and report of the Investigating Officer, placed by the learned Public Prosecutor.

(3.) The prosecution case, initially, at the time of preparing the search list was that the 1st accused possessed 300 ml of LSD stamp and 1 gram of Hashish at 8.10 p.m on 8/1/2023 and later when the contraband was weighed before the Magistrate, it was found that the LSD stamps recovered from the 1staccused (5 in numbers) would weigh 0.11 gram and the Hashis would come to 0.26 gram. Thereafter the 2nd accused was also arrested on the allegation that he had sold the contraband to the 1st accused herein.