AMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.273/2023 of the Kottarakkara Police Station, Kollam, which is registered against the accused (five in number) for allegedly committing the offences punishable under Ss. 22(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(in short, 'NDPS Act'). The petitioner was arrested on 29/1/2023.

(2.) The essence of the prosecution case is that: on 29/1/2023, the first accused was found in conscious possession of 106 grams of MDMA at the Kottarakkara private bus stand. The first accused was arrested on the spot with the contraband article. During his interrogation, he confessed that the accused Nos.2 to 5 had provided financial assistance to him to purchase the contraband, on the assurance that he would give them profit. Thus, the accused Nos.1 to 5 have committed the above offences.

(3.) Heard: Sri.Rahul P, the learned counsel for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor.