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Judgment
7 paragraphs · 263 wordsMohammed Nias C.P. J
This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
The petitioner is the second accused in Crime No.37/2023 of Excise Range Office, Palakkad, for having committed offences punishable under Section 22(C) and r/w section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The prosecution case is that on 06.03.2023 at about 10.20 a.m., while the Excise Inspector and his party attached to Walayar Check Post were conducting vehicle inspection duties in front of Walayar Check Post situated along the Coimbatore-Palakkad NH 544 they found accused 1 and 2 in possession of 130 grams of MAMA kept concealed in a bag in their possession at seat No.14 and 15 of the bus bearing registration No.AR-02-B-4494 which was proceeding to Cochin from Hyderabad, and thereby committing the above offence.
The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 06/03/2023, and continued custody of the petitioner is unnecessary.
Taking into account the involvement of the petitioner as revealed from the records, that commercial quantity is involved and that there is one more antecedent under the NDPS Act itself against the petitioner, I am not inclined to grant bail to the petitioner. Under such circumstances, I dismiss the bail application. It will be open to the petitioner to seek for an expeditious disposal of the case.
The bail application is accordingly dismissed.