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2018 Supreme(Online)(KER) 61435

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


JUDGMENT

The appellant herein is the sole accused in S.C.

(NDPS) No.26/2013 of the Court of Session, Thodupuzha. He and two others faced prosecution before the learned Special Judge for NDPS Act cases, Thodupuzha under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the NDPS Act') on the allegation that at about 9.45 p.m. on 19.10.2012, they were found possessing huge quantity of Narcotic Drugs consisting of 157 ampoules of Buprenorphine injection (2 ml each), and 9 ampoules of Phenergan. The three accused were found near a scooter; the first accused being the rider, and the second accused being the pillion rider. The other was just seen talking to the accused Nos.1 and 2. The offence was detected by the Excise Circle Inspector of the Kottayam Excise Circle. He arrested the 1st accused on the spot, but the other two ran off and escaped. On search of the body of the 1st accused, the Circle Inspector of Excise seized the contraband articles. On the basis of the arrest and seizure, he registered the crime and occurrence report, he himself conducted investigation, and he submitted final report also in Court.

2. The three accused appeared before the learn

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