JITHINRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is the accused in Crime No. 10/2020 of Thiruvananthapuram unit of the Excise Enforcement and Anti- Narcotic Special Squad, which is now pending after filing of final report, as S.C. No.553/2021 on the file of the Additional District and Sessions Court-V, Thiruvananthapuram, alleging commission of offences under Ss. 8(c), 20(b)(ii)(C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

(3.) Learned counsel appearing for the petitioner submits that the case involves the recovery of 500 kilograms of ganja from accused Nos.1 and 2. It is submitted that the other accused in the case, including the petitioner herein, were roped in alleging a criminal conspiracy. It is submitted that even going by the materials collected during investigation, the only aspect to connect the petitioner with the incident is the fact that the petitioner has transferred certain money to the bank account of the 3rd accused. It is submitted that the petitioner and the 3rd accused had other business relationships and that the amount transferred by the petitioner to the account of the 3rd accused cannot be a sole reason to allege that the petitioner is part of the conspiracy. It is submitted that the fact that the mobile phone of the petitioner was recovered from the 2nd accused, according to the learned counsel appearing for the petitioner, is no reason to hold that the petitioner was part of the conspiracy as the petitioner was dealing in cattle and accidentally he had placed his phone on a lorry bringing cattle from Karnataka.