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2024 Supreme(Ker) 1414

AMAL, S/o. FERDINAND – Appellant
Versus
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates Appeared:
For the Petitioner: P.RAHUL ABHINA L.
Other Present : SR PP SRI C.S. HRITHWIK.

ORDER :

(C.S. Dias, J.)

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.273/2023 of the Kottarakkara Police Station, Kollam, which is registered against the accused (five in number) for allegedly committing the offences punishable under Sections 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(in short, ‘NDPS Act’). The petitioner was arrested on 29.01.2023.

2. The essence of the prosecution case is that: on 29.01.2023, the first accused was found in conscious possession of 106 grams of MDMA at the Kottarakkara private bus stand. The first accused was arrested on the spot with the contraband article. During his interrogation, he confessed that the accused Nos.2 to 5 had provided financial assistance to him to purchase the contraband, on the assurance that he would give them profit. Thus, the accused Nos.1 to 5 have committed the above offences.

3. Heard: Sri.Rahul P, the learned counsel for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submits that the petitioner is totally innocent of the accusations levelled against him

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