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2019 Supreme(Ker) 697

MARY JOSEPH
Roshan, S/o. Rajendran – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SHABU SREEDHARAN, SHRI. ANOOP P.R., SRI.M.YOHANNAN, SMT.RESHMA ABDUL RASHEED
For the Respondent: PP C.K. PRASAD

ORDER :

In the petition on hand the chargesheet and all further proceedings initiated on the basis of C.C No.567/2018 registered and pending on the files of Judicial First Class Magistrate Court-II, Kollam is sought to be quashed. Petitioner is the sole accused in C.C No.567/2018. Copy of chargesheet is appended to the petition on hand as Annexure-2 and the offences alleged against the petitioner therein are those punishable under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

2. The case of the prosecution was that, at 18.30 hrs on 4.4.2012 during the course of vehicle inspection at a road situated in front of Udaya Club, Asramcheri, Kollam East Village, 12.03 gms of dried Ganja was recovered from the pocket of the shirt worn by the accused who was driving an Innova Car bearing registration No.KL 37-1748, by the S.I of Police, Kollam East Police Station. The contraband was recovered after ascertaining from the person that he is not having any authority to possess the same. It is the case of the prosecution that prior to the conduct of the search, the accused has stated to the Police party that he doesn't require his body

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