Naif Ashraf v. State Of Kerala

P. Ubaid, J.:— The petitioners herein are the four accused in Crime No. 496 of 2016 of the Aroor Police Station, registered under Section 8(c) read with Section 22(c) of the NDPS Act. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the learned Sessions Judge, Alappuzha, on 18.7.2016 The petitioners have been in judicial custody since 23.6.2016

2. The prosecution case is that on 23.6.2016, these petitioners were found jointly possessing commercial quantity of psychotropic substance.

3. On a perusal of the entire materials, I find reason to believe that they are members of a drug maphia, involved in the illicit distribution and supply of narcotic drugs and psychotropic substances. Such offences are on the increase these days in the State of Kerala. The broader interest of the society require that they must continue in custody. It is not known whether the police has submitted final report in court. The petitioners can very well approach the court below afresh for regular bail in the changed circumstances, after final report is filed. They were denied bail on the previous occasion in the interest of a fair investigation. On a consideration of the relevant aspects, appropriate decision can be taken by the trial court. This is a case involving commercial quantity of psychotropic substance. Things cannot be taken lightly or casually.

4. In the result, this application for bail is dismissed.