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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the 5th accused in S.C No. 73/2023 on the files of the Additional Sessions Court, Ernakulam, arising out of Crime No.844/2022 of Palluruthy Police Station. The petitioner is alleged to have offences punishable under Sections 20(b)(ii)(A), 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985
According to the prosecution, the petitioner conspired with the other accused persons and on 01.07.2022, they were found in possession of 76.2gms of MDMA apart from 570 gms of Ganja. The petitioner is alleged to have supplied the said contraband to the other accused persons and thereby committed the offences alleged.
Sri. H. Nujumudeen, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the petitioner is innocent of the allegations. It was further submitted that there is absolutely no evidence to connect the petitioner with the crime. It was also submitted that the petitioner was arrested on 03.08.2022 and the long period of detention itself ought to be taken into reckoning to release the petitioner on bail.
Sri. P.G. Manu, the learned Public Prosecutor, opposed the application and submitted that the commercial quantity of MDMA and 570 grams of Ganja were seized from the petitioner.
Having regard to the commercial quantity of MDMA seized from the petitioner and considering the nature of allegations apart from the objections raised, I am of the view that, there are no reasonable grounds to assume that the petitioner is not guilty of the allegations. In such a view of the matter, this Court is of the view that the petitioner is not entitled to be released on bail, despite him having been arrested on 03.08.2022.
Accordingly, this application is dismissed.