AJIN ACHANKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 by the 7th accused in Crime No.19/2023 of the Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, registered against the accused (seven in number) for allegedly committing the offences punishable under Ss. 8(C), 22(C), 20(b) (ii) (c), 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ' the NDPS Act'). The petitioner was arrested on 13/11/2023.

(2.) The essence of the prosecution case is that: on 9/7/2023, at around 19 hours, the accused had hatched a criminal conspiracy and the accused 1 to 4 were found in possession of 155.480 kg of ganja and 70.71 grams of MDMA, for the purpose of sale, which were seized from the motor car bearing No. KL 01-CY-2624 and the house bearing No. T.C. No.100/440-1 of one Omanakuttan near Nehru Junction, Pallithura Desom, Attipra Village. The contraband articles were stored in contravention to the provisions of the NDPS Act. The accused 1 to 4 were arrested with the contraband articles and were taken into custody. The investigation has revealed that the 6th accused along with the accused 5 and 7 were also involved in the conspiracy and aided in the commission of the offences. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Syam Kumar A.G., the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Senior Public Prosecutor.