This is an application filed by the 2nd accused in Crime No.1222 of 2014 of the Kochi Cusba (Palluruthy) Police station for regular bail under under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 17.08.2014 at about 9.30 p.m., the accused persons were found to be in possession of 79 Nitrosepan tablets and 10 grams of ganja for the purpose of sale and thereby, all of them have committed the offences punishable under Secs.20(b)(ii)A, and 22(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS Act).
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He has been falsely implicated in this case. He is in jail from 17.08.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that investigation is not over.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the petitioner along with the 1st accused was arrested by the Kochi Cusba (Palluruthy) Police on 17.08.2014 when they were found to be in possession of 79 Nitrocibpen tablets which is a psychotropic drug and 10 grams of ganja. Both of them are in jail from that day onwards.
7. It is true that the petitioner is in jail from 17.08.2014 onwards but, the offences involved is not a personal offence affecting the person as such but its impact on the society is much larger. The persons of this nature are committing the said offences ignoring the consequences of their act on the younger generation of the society and only for making their monetary gain alone. Further, it is submitted that investigation is in the preliminary stage. The Learned Sessions Judge has considered all these aspects while declining bail to the petitioner as per Annexure-A1 order.
8. I do not find any reason to deviate from the reasonings given by the Court below for rejecting bail to the petitioner and grant bail to the petitioner at this stage. So, the petitioner is not entitled to get bail at this stage and the application is liable to be rejected.
In the result, this bail application is rejected.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge