ABID Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

(2.) The applicant is the accused No.1 in Crime No.101/2024 of Excise Range Office, Sulthan Bathery, Wayanad [ECB-25/2024 of Excise Crime Branch (Northern Region), Kozhikode], now pending as SC No.65/2025 on the files of Second Additional Sessions Court (ADHOC-II), Kalpetta, Wayanad District. The offences alleged are punishable under Ss. 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

(3.) The prosecution case, in short, is that on 16/7/2024 at about 11.40 a.m., the excise team, which was conducting the routine vehicle inspections, found the applicant in possession of 48.032 grams and 31.45 grams of methamphetamine in two separate covers at Muthanga Excise Check Post. After the enquiry which followed the detection, the Excise Crime Branch concluded that the applicant and the accused No.2 had conspired to purchase the drug from the accused No.3. Then, upon payment of a total amount of '1,03,400/- by transfer through various accounts, the accused No.3 sold the seized methamphetamine to the applicant and thereby the applicant committed the offences alleged.