STATE OF KERALA Vs. MOHAMMED RIYAS

JUDGEMENT

(1.) This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") by the State assailing the order dated 29.04.2020 passed by the Court of Session in Crl.M.C.No.655/2020 which was filed by the respondent in Crime No. 64/2020 of Elamakkara police station.

(2.) The respondent is the fourth accused in the aforesaid case registered under Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act").

(3.) The prosecution case is that, on 02.03.2020, at about 18.00 hours, the Sub Inspector of Elamakkara police station reached Room No.303 of 'OYO HOMES' and conducted search of the body of the first and the second accused who were found in the room and seized fifteen grams of Methylenedioxy Methamphetamine (MDMA) from the possession of the first accused and three grams of MDMA from the Crl.MC.No.2707 OF 2020(G) possession of the second accused. It is alleged that the money for purchasing the MDMA was transferred from the bank account of the third accused and it is the fourth accused who acted as the middle man in the transaction and who brought the substance from a person who is a citizen of Nigeria.