ORDER

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, 'Code') by the sole accused in Crime No.88/2023 of the Palakkad Excise Range Office, Palakkad, which is registered against him for allegedly committing the offence punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'Act'). The petitioner was remanded to judicial custody on 20.07.2023.

2. The prosecution case, in brief, is that: on 20.07.2023, at around 15:45 hours, the accused was found in conscious possession of 110 grams of methamphetamine in the foot-over bridge of platform No.1 of the Palakkad Railway Station. The accused was arrested on the spot with the contraband article. Thus, the accused has committed the above offence.

3. Heard; Sri.Sam Isaac Pothiyil, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is innocent of the accusations leveled against him. There is no material to substantiate the petitioner's culpability in the crime. The 2nd respondent has violated the mandatory provisions under Sections 42,