ORDER :

1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.36/2023 of the Trivandrum Excise Range Office, which is registered against the two accused persons, for allegedly committing the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 21.07.2023.

2. The crux of the prosecution case is that; on 21.07.2023, at around 13:00 hrs., the accused 1 and 2 were found in conscious possession and transporting 58.975 gms of MDMA in a scooter bearing No.KL-01-CN- 5628. They were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.

3. Heard; Sri. J.R. Prem Navaz, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to show that the contraband was seized from the petitioner's conscious possession. The contrab