JITHIN BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita.

(2.) Petitioner is the 1st accused in Crime No.438 of 2023 of Thottilpalam Police Station, Kozhikode. The above case is registered against the petitioner and another alleging offences punishable under Ss. 22(c), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(3.) The prosecution case is that, on 23/9/2023 at about 10:20 p.m., the Detecting Officer and party received a reliable information that the 1st and 2nd accused had hatched a conspiracy and were travelling in a car with contraband articles. Accordingly, the Detecting Officer intercepted the car and conducted a search of the accused as well as the vehicle. It is submitted that 96.44 grams of MDMA was seized from the pants pocket of the 1 st accused and from the dashboard of the car. Hence it is alleged that the accused committed the offence. It is also submitted that the petitioner is a HIV-positive patient. The petitioner was arrested on 23/9/2023 and he is in custody for about one year and five months.