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2024 Supreme(Online)(KER) 8226

HIGH COURT OF KERALA
C.S. DIAS, J
SHYAM P.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, RAYEES P., M.MAHIN HAMZA, ALWIN JOSEPH, BENSON AMBROSE, AISWARYA K.M., SMT NEEMA T V

ORDER

This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973 , by the second accused in Crime No.907 of 2023 of the Angamaly Police Station, registered against the accused (two in number) for allegedly committing the offences under Sections 8 (c), 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act', in short). The petitioner was arrested on 07.09.2023. 2.The crux of the prosecution case is that: on 7.9.2023 at around 00.15 hrs, the accused Nos.1 and 2 were found in possession of 147 gms of MDMA, which was kept beneath the musical system of a motor car bearing Reg No.KL-46-K-6438, which was found moving in-front of a bakery in Angamaly Junction. The Sub Inspector of Angamaly Police Station, on getting secret information regarding the transportation of the contraband article, intercepted the vehicle and seized the contraband article and arrested the accused. Thus, the accused have committed the above offences.

3.Heard; Sri. P.Mohamed Sabah, the learned counsel appearing for the petitioner and Smt. Neema. T.V., the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is tot

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