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2015 Supreme(Ker) 1531

MARY JOSEPH
SUBAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant :G. Sreekumar (Chelur) and K. Ashis, Advocate.
For the Respondent: N. Suresh (Public Prosecutor).

ORDER :

MARY JOSEPH, J.

1. The petitioner is the first accused in S.C. No. 12/2014 pending before the Special Judge, NDPS Cases, Vadakara. He has approached this Court under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking to set aside Annexure A7 order dated 24.11.2014 passed by the said court in Crl.M.P.No.584/14 in S.C.No.12/2014.

2. The facts of the case in brief are as follows :-

On 28.06.2011 the petitioner herein along with three other accused were found in possession of brown sugar, kept for the purpose of sale, without any authority and thereby committed the offence punishable under Section 21(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The crime in this case was registered by the Sub Inspector of Police, Perumpadappu Police Station, as FIR.No.212/2011 dated 28.06.2011, alleging the commission of the offence, punishable under Sections 21(c) and 29 of the NDPS Act. The allegation of the prosecution was that the petitioner along with three other accused were caught while engaged in selling brown sugar at three different places in Malappuram district. The specific case of the prosecution against the pe
































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