Jithin vs State Of Kerala

This is an application for regular bail under Section 439 of Cr.P.C.

The applicant is the 3rd accused in Crime No.407/2020 of Kalikavu Police Station for having allegedly committed the offences punishable under

Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Actâ€​).

The prosecution case, in brief, is that on 18.10.2020 at about 23.30 hours, the applicant and two others were found to be in possession of 20 grams

of MDMA, a commercial quantity, and transporting in a jeep bearing Reg.No.KL-11-C-8584 at Chokkad Amsom, by the Inspector of Police, Kalikavu

Police Station. The applicant was in the back seat. The accused were all apprehended on 18.10.2020 and remanded to judicial custody. Their bail

applications were dismissed by the jurisdictional court. The applicant had once again filed an application before the jurisdictional court, which was

again dismissed.

The applicant submits that he is a driver by profession and had gone to ply for hire with accused 1 and 2, who were travelling to Coimbatore and

that he was not involved in whatsoever manner in the transporting narcotic drugs. He also has no criminal antecedents and has a family to look after

consisting of aged parents, wife and a child aged 2 ½ years. Therefore, he seeks indulgence of this Court to grant bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The quantity involved is commercial. In view of the fact that the embargo under Section 37 of the NDPS Act is squarely applicable in this case.

The contention of the applicant that he is innocent and has no role in the alleged transportation of the contraband articles are matters of evidence,

which cannot be considered at this stage of granting of bail. In view of the embargo under Section 37 of the NDPS Act, the applicant has to establish

that there are reasonable grounds to hold that the applicant is not guilty. (See State of Kerala Etc. v. Rajesh Etc.2020 (1) KHC 557 SC)

At this moment, there are no reasonable grounds to find that the applicant is not guilty and has been falsely implicated in this case. Under the

circumstances, I have no option, but to dismiss his application. The application for bail is therefore dismissed.