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2017 Supreme(Online)(KER) 10058

HIGH COURT OF KERALA
P.UBAID, J
NISHAR – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The appellants herein are the two accused in S.C.No. 638 of 2011 of the Special Court for NDPS Act cases, Ernakulam (the Additional Sessions Court, Adhoc-I). They faced prosecution on the allegation that at about 6.15 a.m. on 22.9.2011, near the Varappuzha Bridge, they were found jointly possessing a huge quantity of 1940 ampules of buprenorphine injection having a total volume of 3880 ml, carried in two bags when the Police intercepted their motor cycle No. KL-54/B-3493. The offence was detected by the Sub Inspector of Police, Cheranellur during his routine vehicle checking . He saw the first accused as the rider and the second accused as pillion rider, proceeding in high speed carrying two bags. The pillion rider was seen holding a bag in his hands, and the rider was seen carrying a bag hung on his shoulder. Finding the two accused perplexed on interrogation, the Sub Inspector examined the bags carried by the accused. When he opened the bag of the first accused, he saw 958 ampules of buprenorphine injection (Lupigesic) and 36 ampules of Phenergan injection. When he examined the bag in the hands of the second accused, he saw 982 ampules of buprenorphine injection (Lupigesic),

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