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Judgment
8 paragraphs · 372 wordsDr. Kauser Edappagath, J
This is the 3rd application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
The applicant is the 3rd accused in Crime No. 1472/2021 of Angamali police station. The offences alleged are punishable under Sections 8C, 20(b)(ii)(C) and 29 of the NDPS Act.
The prosecution case, in short, is that on 08.11.2021 at 07.45 p.m., the applicant along with remaining accused were found in possession of 25.720 Kgs and 219.660 Kgs of Ganja in the cars in which they were travelling in contravention of the NDPS Act and thereby committed the offences.
Heard both sides and perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and she is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 08.11.2021. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on her part. This Court dismissed two bail applications earlier moved by the applicant on the ground that there are no probable cause for believing that the applicant is not guilty of the offences charged in order to get over Section 37 of the NDPS Act. No change of circumstances has been canvassed in this bail application, other than the fact that the final report has been filed and the petitioner is in custody for 495 days. These are not grounds to get over Section 37 of the NDPS Act. I have already found that prima facie there are materials on record to show the involvement of the applicant in the crime. Since this Court already found that the bar under Section 37 (ii) of the NDPS Act would apply, the applicant is not entitled for bail.
The bail application, accordingly, is dismissed.