ABDUL SUHAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in NDPS Crime No.461/2021 of Meppadi Police Station, Wayanad District alleging commission of offences under Ss. 22 (C), 20 (b) (ii) (A) and 29 and Sec. 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act' for short) and also under Sec. 118 (1) of the Kerala Police Act, 2011 read with Sec. 34 of the Indian Penal Code.

(2.) The petitioner was found in possession of 22.180 gms of MDMA, 0.970 gms of MDMA extecy and 2.330 gms of hashish. Additional 1170 packets of banned tobacco products was also recovered from the petitioner.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted the petitioner was falsely implicated. It is stated that the quantity of MDMA recovered from the petitioner cannot be said to be in commercial quantity, as, admittedly, the weight was determined along with a cover in which the drugs were allegedly stored. It is submitted that for the purposes of this bail application it must be assumed that the quantity of MDMA was less than commercial quantity. It is submitted that the petitioner has been in custody from 20/9/2021 (164 days) and that his continued detention is not necessary for the purpose of any investigation.