MUHASIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973('Code', for the sake of brevity), by the second accused in Crime No.941/2024 of the Malappuram Police Station, which is registered against the accused for allegedly committing the offences punishable under Ss. 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(in short, 'NDPS Act'). The petitioner was arrested and remanded to judicial custody on 1/6/2024.

(2.) The essence of the prosecution case is that: on 1/6/2024, at around 13.40 hours, the first accused was found in conscious possession of 2.12 grams of MDMA, which was meant for sale. He was arrested on the spot with the contraband article. During the course of the investigation, it was revealed that the said contraband was supplied by the second accused. Consequently, the second accused was also arrested on the same day. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Navaneeth.N.Nath, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor.