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2018 Supreme(Ker) 436

RAJA VIJAYARAGHAVAN V.
Labeebul Mubarack – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: K.M. Firoz & M. Shajna
For the Respondent: C.N. Prabhakaran, Sr. Government Pleader

ORDER :

This application is filed under S.439 of the Code of Criminal Procedure.

2. The applicant herein is the 2nd accused in Crime No.20 of 2018 of the Nadakkavu Police Station. In the said Crime, he along with the 1st accused are accused of having committed offence under S.20(b)(ii)(A) and S.22(c) r/w S.29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case is that the Sub Inspector of Police along with his party were on patrol duty on 5.1.2018. At about 1 p.m., they reached R.P.Mall, which is situated on the northern side of the Kozhikode - Mavoor road. In the parking ground of R.P.Mall, they found two persons sitting near to the compound wall and they were found engaged in packing some substance in small packets. On seeing the police personnel, they made an attempt to flee. They were immediately intercepted. The 1st accused was asked to what was in his pocket. He did not respond and he appeared perplexed. Immediately thereafter, the Sub Inspector is alleged to have conducted a body search. From the back pocket of the jeans, which was worn by the 1st accused, some cash, an ATM card, a brown packet containing some substance and 17 LSD Stamps were al























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