LAWS(KER)-2024-4-70

SAKEER K. Vs. STATE OF KERALA

Decided On April 25, 2024
Sakeer K. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The applications are filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused Nos. 1 to 3 in Crime No.1495/2024 of the Kondotty Police Station, Malappuram, registered against the accused for allegedly committing the offences punishable under Ss. 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act'). The petitioners were arrested on 20/12/2023.

(2.) The crux of the prosecution case is that: on 20/12/2023, at around 14.00 hours, when the Sub Inspector of Police, Kondotty Police Station, conducted a search in room No.209 of New Man Tourist Home near Kozhikode Airport, he seized 23 grams of MDMA from the purse of the first accused, 14.2 grams of MDMA from the purse of the second accused, 12 grams of MDMA from the jeans pocket of the third accused and 2.00 grams of MDMA from the room where the accused were seated. Accordingly, a total quantity of 51.2 of MDMA was seized from the accused and the room. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Sam Isaac Pothiyil, the learned counsel appearing for the petitioners; Sri. C. S. Hrithwik and Smt.Neema T.V., the learned Senior Public Prosecutors.