ORDER

This is an application for regular bail.

2. The petitioner is the 6th accused in Crime No.864 of 2022 of Pandalam Police Station, Pathanamthitta registered alleging commission of offences punishable under Section 22(c), 60(3), 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

3. The prosecution case is that, the accused persons with an intention to make unlawful gain by selling narcotic substance namely MDMA, on 28.07.2022 at night, met at Olappanthal Restaurant, rear Adoor Bypass, conspired together for transiting the same from another State for which the 1st accused arranged an Alto Car, bearing registration No. KL. 83/6479 and the 4th accused took the said car on rent and on the same day itself, as per the direction of the 1st accused, 4th & 5th accused had gone to Bangalore and met 6th accused there and credited money in the account maintained by the 7th & 8th accused who are intermediaries for buying MDMA. Thereafter the accused handed over 151.490 gms of MDMA that was kept in his shoulder bag to the 4th & 5th accused at Elanka, Bangalore and they transited the same in the aforesaid car and brought it to room No.106 of River Walk Hotel at Pandalam, which was taken on rent by the 1st accused wherein himself, 2nd & 3rd accused were residing and on 30.07.2022 at about 15.55 hours the Sub Inspector of Police and party attached to Pandalam Police Station found accused Nos. 1 to 5 in the said room and among them, the 1st accused was found in possession of 4.480 gms of MDMA and the 4th accused was found in possession of 151.490 gms of MDMA in a shoulder bag and they also found an electronic weighing machine and plastic packing covers in the said room. It is further alleged that a car bearing registration No. KL-26/M 7341, a scooter bearing registration No. KL31/L 6353 and a Maruti Alto car bearing registration No. KL 83/6479 which were used by the accused persons to reach the place of occurrence were seen parked on the road in front of the said hotel. 4. Petitioner submits that he is working in a coffee shop at Bangalore and 4th accused is a customer of the said shop and that no contraband article was recovered from his physical possession. Though the petitioner moved the Sessions Court, Pathanamthitta with an application for bail the same was rejected as per Annexure-A1.

Petitioner further submits that he has no other criminal antecedents.

5. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the investigation in this case is at the initial stage and that the contraband having 151.490 grams of MDMA was given to accused Nos.4 and 5 by the petitioner at Bangalore and they have carried the alleged contraband in a car and kept it in a hotel room taken on rent by the 1st accused. It is revealed during the investigation that the petitioner was in close contact with accused Nos.1, 4, 7 and 8 and the call records also revealed the said aspect. Learned Public Prosecutor further submits that the while the petitioner was taken into custody from Bangalore, electronic weighing machine, paper tips, etc. were also recovered from his possession. It is also revealed in the investigation that amounts have been transferred as directed by the petitioner herein for purchase of the alleged contraband.

Considering the facts and circumstances of the case and the the fact that the investigation is at the initial stage and also taking note that the quantity of contraband seized is of a commercial quantity whereby attracting rigour of Section 37 of the NDPS Act, I am not inclined to grant bail to the petitioner at this stage. Bail application is accordingly dismissed.