JITHU S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the accused 3, 4 and 5 in Crime No.1411/2023 of the Thampanoor Police Station, Thiruvananthapuram, which is registered against seven accused persons for allegedly committing the offences punishable under Ss. 22(c), 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused 3 to 5 were remanded to judicial custody on 26/12/2023, 2/1/2024 and 9/1/2024, respectively.

(2.) B.A.No.8324/2024 is filed by the 3rd accused, B.A.No.8845/2024 is filed by the 4th accused and B.A.No.7466/2024 is filed by the 5th accused. As the applications arise out of the same crime, they are consolidated, jointly heard and are being disposed of by this common order.

(3.) The concise case of the prosecution is that; on 12/12/2023, at 10:25 hrs., the 1st accused was found in conscious possession of 53.544 gms of MDMA. He was arrested on the spot with the contraband article. During the course of the investigation, it was revealed that the 1st accused had purchased the contraband article with the assistance of the accused 2 to 4, 6 and 7 and the financial support of the 5th accused. The 1st accused had used the mobile phone and the google pay account of the 4th accused for carrying out the transactions. Similarly, the 3rd accused had also paid money to the 1st accused to purchase the contraband article and the 7th accused had arranged the transportation for the accused 1 and 2 to travel from Kodaikanal to Bangalore. The accused 1 and 2 had travelled to Bangalore, after hatching a conspiracy with the accused 3 to 6, and purchased the contraband article. Thus, the accused have committed the above offences.