ASHIK Vs. THE ASSISTANT EXCISE COMMISSIONER AND ANOTHER

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.14/2017 of the Excise Enforcement and Anti-Narcotic Special Squad, Kozhikode, registered under Sections 18(b) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Special Judge (NDPS Act Cases), Vadakara on 25.7.2017 The petitioner has been in judicial custody since 01.06.2017.

(2.) The prosecution case is that on 1.6.2017, the petitioner was found possessing 4.775 kgs of opium and 70 gms of heroine at a lodge. The offence was detected by the Excise Inspector on the basis of the information received by him through the Assistant Excise Commissioner. After complying with the provisions of law, he proceeded for search at the lodge, and he seized the quantity of psychotropic substances from the possession of the accused.

(3.) On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that some more witnesses remain to be questioned by the Investigating Officer, and some more materials remain to be collected as part of investigation. This process will be obstructed, if the petitioner is now released. I find prima facie materials substantiating the allegations against the accused. The request for bail will be considered at a later stage when major part of investigation is over. In the result, this application for bail is dismissed.