MOHASIN NAINA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No. 1 among the two accused in the instant crime No.1398/2019 of Neyyattinkara Police Station, Thiruvananthapuram which has been registered on 04/10/2019 at about 1.27 pm, suo motu by the Police and the offences alleged therein are those punishable under Sections 20(b)(ii)(A) and 29(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner (A1) has been arrested in this case on 04/10/2019 and has been under detention since then.

(2.) The short of the prosecution case is that on 04/10/2019 at about 9.50 am, A2 and the petitioner herein (A1) were found in possession of 495 grams of cannabis near the Govt. Boys Higher Secondary School, Neyyattinkara, Thiruvananthapuram for its sale among School and College students and that thereby, the petitioner has committed the above said offences.

(3.) It is urged by Smt. S. Indu, learned counsel appearing for the petitioner (A1) that the above said allegations are false and baseless and further that both the above said offences alleged as per the NDPS Act are bailable offences and the only non-bailable offence alleged in this case is the one as per Section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015 and further that the prosecution does not even have a case that the accused persons have infact sold any such contraband to the school or college children and that taking into account the fact that the petitioner has already suffered detention since 04/10/2019, this Court may order to release him on regular bail subject to appropriate conditions as this Court may deem fit and proper in the ends of justice. Further it is also pointed out that the accused No.2 in the very same crime, who was also arrested and remanded on the same day has already been granted regular bail by this Court as per order dated 31.10.2019 in B.A.No.7702/2019.