ANZAR AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita. If a lawyer argues a bail application by adverting to the merit of the case and insists for an order on merit, and if the court observes that, prima facie there is a case, whether the same is binding on the investigating authority or the trial court, is the question to be decided in this case.

(2.) Petitioner is the 2nd accused in Crime No.1236/2023 of Adimali Police Station. The above case is charge-sheeted against the petitioner alleging offences punishable under Ss. 20(b)(ii)B, 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

(3.) The prosecution case is that, on 6/10/2023 at 2.15 pm, with the knowledge of accused Nos.2 and 3, accused No.1 transported 5.125 kgs of ganja and 78.91 gms of Methamphetamine Hydro Chloride in a car bearing registration No. KL-63/B-9639 along Korangatty- Pettimudi road in Korangatty Kara of Mannamkandam Village. The allegation against the petitioner is that he handed over 5.125 kgs of dried ganja to accused No.1. There is an allegation that all three accused hatched a criminal conspiracy for illicit traffic of ganja and Methamphetamine. Accused No.2 was arrested and produced before the court on 7/1/2024 and remanded to judicial custody.