ORDER

The first accused in Crime No. 260/2023 of Kunnamangalam police station, registered alleging offences punishable under Sections 22 (c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 , has filed this application u/s 439 of the Code of Criminal Procedure seeking regular bail

2. The prosecution case is that on 09.04.2023 at about 11.20 p.m., the petitioner along with the other accused was found in conscious possession of 372 grams of MDMA transported in a Maruthi Swift Car bearing registration No.KL 85 4474 through Kunnamangalam Thottupuram National Highway and thereby committed the above offence.

3. Learned counsel for the petitioner and the learned Public Prosecutor were heard.

4. The learned counsel for the petitioner submits that the petitioner is innocent of the offence alleged against him. The learned counsel also submits that although the police report was filed within time it was returned for curing the defects. It has not been resubmitted so far. Therefore, the petitioner is entitled to statutory bail since more than 180 days are over. The learned counsel also relied on the decision of Achpal @ Ramaswaroop and another v. State of Rajasthan (201