The petitioner, who is the first accused in Crime No.1738/2023 of the Ernakulam Town North Police Station, Ernakulam, registered against the accused (four in number), for allegedly committing the offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (‘Act’ for brevity), has filed the application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC). The petitioner was arrested on 26.07.2023.

2. The essence of the prosecution case is that;

on 26.07.2023, the Sub Inspector of Police, Ernakulam Town North Police Station, got secret information from an unknown person that the fourth accused, along with the accused 1 to 3, had taken room No. 215 in Ascot Hotel at SRM Road, Ernakulam, for keeping narcotic drugs. On the basis of the information, the Detecting Officer reduced the information to writing and sent a copy to the Jurisdictional Court, reached the place of occurrence, and conducted the body search of the accused. In the search that was conducted, the following quantities of contraband were seized from the accused: (1) 21.41 gm of MDMA from the first accused, (2) 15.61 gm MDMA from the second accused, (3) 12.