MOSTAFIJAR REHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in S.C.No.460 of 2019 pending before the Additional Sessions Court-IV, Pathanamthitta, is the revision petitioner. He is aggrieved by the order dtd. 4/7/2023 by which the learned Sessions Judge dismissed his petition under Sec. 227 of the Code of Criminal Procedure, 1973.

(2.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

(3.) The petitioner along with one Atoar Ali was arrested on 17/9/2018 at 4.45 p.m. at Thondalipadi in Pathanamthitta Village, while they were walking along Valanchuzhi-Kulasekharapathi Road on finding that they were in possession of Ganja. The allegation is that Atoar Ali was in possession of 692 grams and the petitioner was in possession of 934 grams of Ganja. The detecting officer by following the prescribed procedure, effected seizure and arrested both of them. After necessary investigation, a final report was filed by the Deputy Superintendent of Police, Pathanamthitta alleging offence punishable under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act).