The above bail application has been placed before this Court as per order dated 14.02.2024 by another learned Single Judge based on the Apex Court judgment in Kusha Duruka v. State of Odisha [ (2024) 1 KHC 389 ].

2. The application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the 3rd accused in Crime No.352/2022 of the Kuruppampady Police Station, Ernakulam, registered against the accused (eight in number) for allegedly committing the offences punishable under Sections 29 , 27A, 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act”). The petitioner was arrested on 22.05.2022.

3. The gist of the prosecution case is that the accused in furtherance of their common intention hatched a conspiracy and the 1st accused was found in possession of 248.165 kilograms of dry ganja. On the basis of the confession made by the 1st accused, the 3rd accused was arraigned in the crime. It is revealed in the investigation that, the 3rd accused had gone to Orissa and collected the contraband article from the 8th accused. There are materials to substantiate that there were communications between accused and also the financial tr