SIPAHI KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 2 nd accused in Crime No.33 of 2018 registered at the Excise Range Office, Thrissur registered under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) On 17.09.2018 at 12.30 pm, the applicant along with the 1st accused were allegedly found having in their possession Hashish by the Excise Inspector, Excise Range Thrissur. They were restrained and were informed of their right to be searched in the presence of a Gazetted officer or a Magistrate. As requested by them, the Assistant Excise Commissioner, Thrissur, was summoned to the spot. In the bag found in the possession of the 1 st accused, 7 packets of hashish weighing 3.441 kg was detected. From the bag found in the possession of the applicant 519 grams of hashish was seized. The contraband were seized and the accused were arrested. Investigation was taken over by the Assistant Excise Commissioner, Thrissur, who completed the same and submitted the complaint before court. The case is now pending as SC No.145 of 2019 on the file of the Additional Sessions Court, Thrissur.