C O M M O N O R D E R

The applications are filed under Section 439 of the Code of Criminal Procedure, 1973(‘Code’, for the sake of brevity), by the accused 1 & 2 in Crime No.706/2023 of the Nallalam Police Station, Kozhikode, which is registered against them for allegedly committing the offences punishable under Section 22(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act'). The petitioners were arrested and remanded to judicial custody on 28.09.2023. B.A.No.3405/2024 is filed by the first accused and B.A.No.1956/2024 is filed by the third accused. As the applications arise out of the same crime, they are consolidated, jointly heard, and are being disposed of by this common order. The first accused had filed an earlier application which was dismissed by this Court as per Annexure-2 order.

2. The essence of the prosecution case is that:

around 13 hours on 28.09.2023, the accused were found in conscious possession of 100.1 grams of MDMA which was being transported in a motor car bearing No.KL-11-BE-7585 through Meenchanda- Cheruvannur road. The accused had conspired to deal with the contraband article in violation of the provisions