C. S. DIAS
Vaisakh – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
The petitioner, who is the first accused in Crime No.1162/2023 of the Kodungallur Police Station, Thrissur, registered against him and two others for allegedly committing the offence under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (‘Act’ for brevity), has filed the application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner was arrested on 28.7.2023.
2. The essence of the prosecution case is as follows:
On 28.7.2023, at around 18.30 hours, when the first accused was riding the motorcycle bearing No. KL 47 F-6838 through the Mala-Kodungallur Road, with the second accused and a child in conflict with the law (CCL) on the pillion, the Sub Inspector of Police intercepted the vehicle and conducted a search, and he seized 36.00 and 24.90 grams of Methamphetamine from the first and second accused, respectively, i.e., a total quantity of 58.55 grams of Methamphetamine (hereinafter referred to as ‘contraband’). Thereby, the accused have committed the above offences.
3. Heard; Sri. K. Mohammed Rafeeq., the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Senior Public Prosecutor.
4. The lea
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