ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under S.439 of the Code of Criminal Procedure. The petitioner is the second accused in OR No. 2 of 2009 of the Narcotic Control Bureau, Regional Intelligence Unit, Thiruvananthapuram. The petitioner was arrested on 28/07/2009 and he is in judicial custody.

(2.) The offences alleged against the petitioner are under S.8(c) read with 21(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The prosecution case is that the Intelligence Officer, Narcotic Control Bureau, Thiruvananthapuram received reliable information that one Shanavas of Kottackal, Malappuram District (first accused) was indulging in drug trafficking of heroin between India and Maldives with the help of one Atif alias Kunhappa of Kondotty and a lady by name Sarju, residing at Thiruvananthapuram. He also got information that Shanavas had already procured half a kilogram of heroin from Atif and the same would be delivered to Sarju on 18/07/2009 near the Railway Crossing Gate at Petta, Thiruvananthapuram. On 18/07/2009, Shanavas was apprehended. It was found that he was carrying 500 grams of heroin. He was arrested.