SAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.91 of 2021 of Central Police Station, Ernakulam. The above case is registered alleging offences punishable under Ss. 20(b) (ii)(C), 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short NDPS Act).

(2.) The prosecution case is that the petitioner was residing in an apartment on the 2nd floor of Njarakkattu Residency in Kunnappally Lane in Nettipadam Road, Ernakulam. On 30/1/2021, the police got information that the selling of narcotic drugs is going on in the above apartment. The information was recorded in the C.D. by the officer concerned and proceeded to the place after complying with other formalities. When the police party reached the apartment, the 1st accused opened the door. It was found the 2nd and 3rd accused were also present in the apartment. After performing the legal formalities, the body of the petitioner and the other accused were searched. The apartment was also searched. It is the prosecution case that 44.56 gms of MDMA, 1286.51 gms of Hashish oil, and 340 gms of Ganja were seized. It is also the case of the prosecution that the 2nd accused was found in possession of 1.93 gms of Hashish oil and the 3rd accused was found in possession of 1.88 gms of Hashish oil. Hence, it is alleged that the accused committed the offence.

(3.) Heard the counsel for the petitioner and the Additional Director General of Prosecution Sri. Gracious Kuriakose.