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2024 Supreme(Online)(KER) 42704

HIGH COURT OF KERALA
C.S. DIAS, J
ASKAR ALI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: NIKITA J. MENDEZ, P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, SRUTHY N. BHAT, RAHUL SUNIL, SRUTHY K.K, SOHAIL AHAMMED, HARRIS P.P.
For the Respondents: Sri Sanal P Raj

ORDER

This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973 , by the second accused in Crime No.455/2023 of the Shornur Police Station, Palakkad, which is registered against two accused persons, for allegedly committing the offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘Act’, in short). The petitioner was arrested on 8.7.2023.

2. The prosecution case, in brief, is that: on 14.7.2023, at around 11:20 hours, the first accused was found in conscious possession of 98.87 grams of MDMA. He was arrested on the spot with the contraband article. During the course of investigation and in the interrogation of the first accused, he confessed that the contraband was purchased from Bangalore by the second accused and given to him. Thus, the accused have committed the above offences.

3. Heard; Sri.P.Vijayabhanu, the learned Senior Counsel appearing for the petitioner and Sri.Sanal P.Raj, the learned Public Prosecutor.

4. The learned Senior Counsel for the petitioner vehemently argued that the petitioner is totally innocent of the accusations levelled against him. There is a change of circumstanc

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