1. This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.212 of 2011 of Perumpadappu Police Station, Malappuram District.

2. The offences alleged against the petitioner are under Sections 21 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). The case was originally registered under Section 22(c) of the NDPS Act and Section 120B read with Section 34 of the Indian Penal Code. Later, a report was filed and the sections of offence were altered to Sections 21 (c) and 29 of the NDPS Act.

3. The prosecution case is the following: On 28.6.2011 at about 4 PM, the Sub Inspector of Police, Perumpadappu Police Station got secret information that some persons belonging to Mannarkkad would arrive near Taj Theatre, Palappetty, to hand over brown sugar to one Tharayil Mujeeb of Palappetty. The police party went to the spot. They found four persons near the Taj Theatre. On seeing the police party, one among the four persons escaped from the place in an Alto car, bearing registration No. KL5-7075. The other three persons were apprehended. They were: (1) Subai