Dated this the 02nd day of July, 2024 The third accused in Crime No.1766 of 2023 of the Attingal Police Station, Thiruvananthapuram, which is registered against five accused persons for allegedly committing the offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘Act’, for brevity), is before this Court, for the second time, with this application under Section 439 of the Code of Criminal Procedure, 1973 (‘Code’, for short).

2. The prosecution case, in brief, is that: on 30.07.2023, at around 04.00 hours, the Detecting Officer and party intercepted a car bearing Registration No.DL-4-CNE-365, in which five persons were travelling, conducted a search of the vehicle, and they seized 89.70 grams of MDMA from the vehicle. The five persons were arrested on the spot with the contraband article, and are arraigned as accused 1 to 5 in the crime.

3. Heard; Sri.M.R.Rajesh, the learned counsel 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 levelled against him. There is no material to establish the petitioner’s