IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V.

FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943 BAIL APPL. NO. 6101 OF 2021 AGAINST THE ORDER IN CRMC 1509/2021 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM CRIME NO. 867 OF 2021 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED NO.1: DEVADEVAN, AGED 20 YEARS S/O. LATE FIROZ KUMAR, MANAMKOTTU HOUSE, VALIYAPARAMB, KURIVILASSERY POST, MALA, THRISSUR, NOW RESIDING AT B-6, VB CREST APARTMENT, ST.MARTIN ROAD, PALARIVATTOM, ERNAKULAM BY ADVS.

NAVANEETH.N.NATH C.P.UDAYABHANU ABHISHEK M. KUNNATHU RASSAL JANARDHANAN A.

RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE S.I OF POLICE (CRIME 867/21), KALAMASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 BY ADVS.

ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR OTHER PRESENT:

K.A.ANAS- P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

01.09.2021, THE COURT ON 03.09.2021 PASSED THE FOLLOWING:

ORDER

DATED THIS THE 3RD DAY OF SEPTEMBER, 2021 The petitioner, who is undergoing incarceration in connection with Crime No. 867 of 2021 of Kalamassery Police Station registered for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') has moved this application under Section 439 of the Code of Criminal Procedure with the request to enlarge him on bail.

2. The brief facts as revealed from the records are as follows:

3. On 30.06.2021 at about 5 p.m., the Sub Inspector of Police of Kalamassery Police Station and his team while on patrol duty, were proceeding in their jeep through Edappally- Aluva road, noticed a motor cycle advancing towards the same direction without exhibiting the number plate on the rear side of the vehicle. On suspicion, the motor cycle was intercepted by the police team and then the rider stopped the motor cycle and on seeing the police party, he fled away from the scene. The police team chased him and caught hold of him when he reached in the compound of Skoda Service Centre. When he was questioned, he was found perplexed and concealing something in his hand by keeping the same in the pocket of his jeans. When he was questioned repeatedly, he disclosed that he was having narcotic drugs in his possession and it was found that he was keeping a polythene cover and some white colored powder in a polythene cover. On questioning, he disclosed that the article was narcotic drug and it was MDMA kept for sale. He also disclosed his name and address to the S.I. Though the Sub Inspector informed him about the right to demand to conduct search in the presence of a Gazetted Officer so as to seize the narcotic drug he kept silent and he had not chosen to demand. Still the S.I procured the presence of a Gazetted Officer and seized the contraband after complying with the formalities under Section 50 of the NDPS Act and the petitioner was apprehended as he was found in possession of commercial quantity of narcotic drugs. Thus the case has been registered under Section 22(c) of the NDPS Act.

4. According to the learned counsel for the petitioner, the petitioner is totally innocent of the allegations leveled against him. In fact the 2^nd accused who is a friend of this petitioner was under quarantine and he had entrusted this petitioner to receive a packet addressed to him from the parcel office and as entrusted by him the same was collected by him and on his way to the residence of the 2^nd accused, he was apprehended by the police. In fact, he has no idea about the contents in the packet and without knowing that it was a contraband article, as entrusted by his friend, he had collected it as he was undergoing quarantine. So, he is totally innocent of the allegations leveled against him. Learned counsel has also pointed out that the provisions of Section 50 of the NDPS Act has not been complied with while conducting seizure of the alleged article from the poss