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2019 Supreme(Ker) 58

RAJA VIJAYARAGHAVAN V.
Basanth Balram – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Vijaya Bhanu (Sr.), Smt. Pooja Pankaj, Sri. Ajeesh K. Sasi, Sri. M. Revikrishnan, Sri. P.M. Rafiq, Sri. Vipin Narayan, Sruthy N. Bhat, Advs.
For the Respondent: Sri. Anas K.A., Public Prosecutor

ORDER :

These applications are filed under Section 439 of the Cr.P.C.

2. The applicants herein are the accused Nos.1 and 2 in Crime No. 35 of 2018 of the Excise Range Office, Peermade, registered under Sections 22(c), 8(c), 20(b)(ii)A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'NDPS Act'). They were arrested in connection with the aforesaid crime on 9.10.2018.

3. The brief facts, which led to the registration of the above crime, can be recapitulated as follows :-


On 9.10.2018, the Excise Inspector, Excise Range Office, Peermade, was engaged in the inspection of vehicles plying along the Vagamon-Irattupetta road. A Hyundai Creta car bearing Registration No.KL-42 N-9333 driven by two young men were intercepted. The 1st accused was driving the vehicle and the 2nd accused was sitting in the front passenger seat. A search of the cabin of the vehicle was conducted in the presence of two independent witnesses. When the detecting officer opened the dash board of the car, two small plastic covers were found inside along with records relating to the vehicle. The covers were opened and it was found that it contained narcotic substances. One cover contained






























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