ORDER :

(P.V. KUNHIKRISHNAN, J.)

These Bail Applications are connected and therefore I am disposing these bail applications by a common order.

2. Petitioners are the accused in Crime No.28/2023 of Trivandrum Excise Range. The above case is registered against the petitioners and another alleging offences punishable under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

3. The prosecution case is that, on 09.10.2023 at 9.15 pm, the 1^st accused was found in possession of 61.5 gms of MDMA and the 2^nd accused was found in possession of 32.8 gms of MDMA and another 5.2 gms of MDMA was seized from a Honda Deo Scooter belongs to the 2^nd accused. Therefore the total quantity seized is 109.5 gms of MDMA. The petitioners were arrested on 10.10.2023.

4. Heard counsel for the petitioners and the Public Prosecutor.

5. The counsel appearing for the petitioners raised a short point. The counsel relied on the judgments of the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416], Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and Hasanujjaman and others v. The State of W