JAYACHANDRAN K.R. Vs. THE INTELLIGENCE OFFICER, NCB

JUDGEMENT

(1.) BAIL application filed under Section 439 of the Code of Criminal Procedure (in short, "Cr.P.C.") by the third accused in S.C. No. 728 of 2015 on the file of the Additional Sessions Judge -IV, Thiruvananthapuram, involved in O.R. No. 4/NCB/SZ/COZ of Narcotics Control Bureau, Sub Zone, Cochin.

(2.) PETITIONER along with other accused persons has been booked under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "NDPS Act") with the allegation that on 16.12.2014, accused 1 and 2 were apprehended at Kochuveli Railway Station, Thiruvananthapuram for possessing 0.395 kgs. heroin, a contraband article under the NDPS Act and they transported the contraband article to be handed over to the petitioner (third accused).

(3.) THE case arises out of a complaint filed by the Intelligence Officer, NCB. The allegations, in brief, in the complaint are the following: On 16.12.2014 at around 11.00 hours, the Intelligence Officer, NCB, Cochin received a telephonic information that one named person was likely to be in possession of around 400 grams of heroin (a narcotic drug) and he was about to deliver the same to another named person, a resident of Thiruvananthapuram, for further delivery to the petitioner. Identity of the person travelling in the train carrying the contraband was revealed. As instructed, the Officers waited at Kochuveli Railway Station for the arrival of the first accused. After he came out of the Railway Station, the second accused came on a motor bike and when they were about to leave the place, they were restrained and questioned. From them 0.395 kgs. of heroin was recovered. After complying with the formalities under the NDPS Act, they were taken into custody. It is further alleged that pursuant to the summons issued under Section 67 of the NDPS Act accused 1 and 2 voluntarily gave statements narrating the incidents and also implicating the petitioner in the crime.