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2023 Supreme(Online)(KER) 16324

HIGH COURT OF KERALA
P. G. Ajithkumar, J
HEBIMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.SIJU, S.ABHILASH, ANJANA KANNATH,SATHISAN P.,DONA AUGUSTINE(K/180/2016)JAVED HAIDER(K/001709/2018)SHIBU B.S(K/001060/2021)BIJU P.PAUL(K/000648/2022)AKHIL SURESH(K/000576/2016)6) THE NODAL OFFICERAdvocate

JUDGMENT

The petitioner is one of the accused in Crime No.502/2023 of Chadayamangalam Police Station, registered for the offences punishable under Section 20(b)(ii)(C) of NDPS Act . Ext.P1 is the F.I.R. and the F.I. statement in the above case.

2. The prosecution case is that on 03.04.2023 at 1.15 A.M., the Sub Inspector of Police, Chadayamangalam and party intercepted a vehicle bearing Reg.No.KL-01-CK-2624 near Nilamel Sastha Temple on the MC road and it was found that the accused transporting 53.860 kgms of Ganja.

3. According to the petitioner, he went to Neyyattinkara on 02.04.2023 to purchase spare parts for his Innova car but after searching in some of the auto spare shops, it’s realized that the same is not available at Neyyattinkara but available at Kaliyikavila in Tamil Nadu side. Therefore, the petitioner availed an autorickshaw of the 2nd accused and went to Kaliyikavila in search of spare parts is the submission. When the petitioner reached Padanthalumoodu at about 7.30 P.M., the police party attached to the respondent Nos.3 and 4 intercepted the vehicle bearing Reg.No.KL-01-CK-2624 and taken both the accused and the said vehicle. It is submitted that at the time when the

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