2025:KER:30971 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 9TH DAY OF APRIL 2025/ 19TH CHAITHRA, 1947 BAIL APPL. NO. 4990 OF 2025 CRIME NO.3/2024 OF NARCOTICS CONTROL BUREAU, KOCHI, Ernakulam AGAINST THE ORDER DATED 28.03.2025 IN Bail Appl. NO.4265 OF 2025 OF HIGH COURT OF KERALA PETITIONER/ACCUSED NO.2: CHRISTO ANIL AGED 22 YEARS, S/O. D. ANIL, T C 27/220, ANJALI LINE, THAMPURAN MUKKU, VANCHIYOOR P. O., THIRUVANANTHAPURAM, PIN – 695 035. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL P.RAJKUMAR KESHAVRAJ NAIR BIJU VIGNESWAR ARUN POOMULLI ABHIRAM.S. GAADHA SURESH T.K.BABU VISWANATH JAYAN AKHILA RADHAKRISHNAN SARIGA RAMACHANDRAN M. AKSHAY SHIBU 2025:KER:30971 B.A No.4990 of 2025 2 RESPONDENT/COMPLAINANT: NARCOTICS CONTROL BUREAU COCHIN ZONAL UNIT, KENDRIYA BHAVAN, KAKKANAD, PIN – 982 037. SR PP R.VINU RAJ, SPL.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30971 B.A No.4990 of 2025 3 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4990 of 2025 ------------------------------- Dated this the 9th day of April, 2025 O R D E R This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 2nd accused in S.C. No.1202 of 2024 pending before the Additional District and Sessions Court–I, Ernakulam. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 23(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 3. The prosecution case is that the petitioner herein along with the other accused persons imported 1.26 grams of LSD to India through Foreign Post Office, Ernakulam and the same was seized by the 2025:KER:30971 B.A No.4990 of 2025 4 Narcotics Control Bureau, Cochin on 14.02.2024. Thus it is alleged that the accused committed the offences. The petitioner is the 2nd accused and he was arrested on 28.01.2025. 4. Heard counsel for the petitioner and the Special Public Prosecutor. 5. Admittedly the quantity of the contraband allegedly seized from the petitioner is commercial quantity. Even though, different contentions are raised by the petitioner stating that he is entitled for bail, I am not convinced about those points. The main contention raised by the petitioner is that, nothing is seized from his possession, and there is no material produced by the prosecution to connect the petitioner with the 1st accused. An objection is filed by the Special Public Prosecutor, NCB. In the objection, it is stated that, Ashwin.S.S, in his voluntary statement recorded under Section 66 of NDPS Act, stated that he sold six LSD Drugs 2025:KER:30971 B.A No.4990 of 2025 5 to his friend, Christo Anil, the 2nd accused, for this, Christo Anil paid Rs.1,200/- per blot for LSD. The 2nd accused, Christo Anil, who is the petitioner, has on three occasion paid 1st accused Ashwin for the procurement of LSD is the submission. These transactions are evidenced through 1st accused Bank of Baroda Statement is the submission. 6. It is also submitted that based on the examination of screen shot recovered from the 1st accused, the phone number of the 2nd accused was found there. It is also submitted that based on the KYC details, received from Vodaphone- Idea, it was found that number belongs to one Reena Anil, the mother of the 2nd accused. This number was utilized by the petitioner and the same number was leaked to his Aadhaar card is the submission. It is also submitted by the respondent that, during the investigation, it is found that the petitioner and the 1st accused willfully planned the illicit trafficking of 1.56 grams of LSD. In such circumstances, this Court is 2025:KER:30971 B.A No.4990 of 2025 6 not in a position to conclude that the petitioner is not guilty for the offence and he is not likely to commit any offence. 7. Moreover, the petitioner was only arrested on 28.01.2025. Considering the facts and circumstances of the case, petitioner cannot be granted bail at this stage. If there is any delay in trial, the petitioner can approach the Jurisdictional Court with appropriate application. With the above observation, this bail application is dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE AMR 2025:KER:30971 B.A No.4990 of 2025 7 APPENDIX OF BAIL APPL. 4990/2025 PETITIONER’S ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 29.07.2024 IN CRL. M. C. NO. 2171/2024 OF THE HON’BLE SESSIONS COURT, ERNAKULAM. Annexure A3 TRUE COPY OF THE ORDER DATED 28.12.2024 IN CRL. M. P. NO. 5594/2024 IN S. C. NO. 1202/2024 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT -I, ERNAKULAM. Annexure A4 TRUE COPY OF THE ORDER DATED 07.03.2025 IN CRL. M. P. NO. 855/2024 IN S. C. NO. 1202/2024 OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE -I, ERNAKULAM.