FADIL NIZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 5th accused in Crime No.391/2022 of the Kasaba Police Station, Palakkad, registered against the accused for allegedly committing the offences punishable under Secs.20(b)(ii) (C), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short, ' Act' ). The petitioner was arrested on 2/11/2023.

(2.) The essence of the prosecution case is that: the accused 1 to 5 had conspired and proceeded in two vehicles bearing numbers KL-05-AV-6663 and KL-05-AV-2235 to Vishakhapattanam and brought ganja from the place named Arakkuvali. They transported the contraband in vehicle bearing No.KL-05-AV-6663. However, the said vehicle met with an accident on 2/6/2022 at Salem in Tamilnadu. Then, the accused shifted the contraband to vehicle No.KL-05-AV-2235 and the accused 1 and 2 traveled with the contraband in the said vehicle. They had also shifted one bag of contraband to another vehicle bearing No.KL-05-AA-1551. While the vehicle was passing through the Walayar toll plaza, Palakkad, Sri. Subin, the Excise Inspector of the Excise Enforcement and Anti Narcotic Special Squad, Palakkad intercepted the vehicle No.KL-05-AV-2235 and searched the vehicle. But, the accused drove away the vehicle at high speed and the Excise Inspector fell to the ground. Nonetheless, the Excise Officials intercepted the second vehicle bearing No.KL-05-AA-1551 in which the petitioner and Jacob Philip were travelling and seized 11.6 kilograms of ganja from the vehicle. They accordingly registered Crime No.28/2022 of the Palakkad Excise Range. The Walayar Police also registered Crime No.238/2022 for obstructing the Excise Inspector from discharging his official functions and causing theft of his belongings. Later, in the investigation, it was unveiled that the car bearing No.KL-05-AV-2235 which barged through the barricade of the toll plaza had abandoned 129.935 kilograms of ganja at a place named Kaithakuzhi, Elapully Panchayath. Thus, the accused have committed the above offence.

(3.) Heard; Sri.K.K.Dheerendrakrishnan, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.