NASEEB HASSAN Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.10/2024 of the Kavarathi Police Station, Lakshadweep registered against the accused (two in number) for allegedly committing the offences punishable under Ss. 20(b)(ii)(b), 23, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act'). The petitioner was arrested on 31/3/2024 and remanded to judicial custody.

(2.) The essence of the prosecution case is that: on 31/3/2024, while the Flying Squad and Statistics Surveillance Team of the respondent was conducting baggage checking of the passengers of the M.V.Kavarathi Ship, which was sailing from Cochin to Kavarathi, they found 250 ml of hashish oil in the baggage of the first accused. They seized the contraband and arrested the first accused at the scene of occurrence. During the interrogation of the first accused, he confessed that there was 2.5 ml hashish oil in his house also. Accordingly, the said contraband was also seized. It was revealed that the second accused, who was the canteen staff of the ship, was also involved in the case. In a search conducted in the ship, 5 ml. of hashish oil was seized from the shoulder bag of the second accused. It was also unveiled that another person named Mujeeb Rahman, is also involved in the crime, who is now arrayed as the accused No.3. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Lal K.Joseph, the learned counsel appearing for the petitioner and Sri.C. Sajithkumar, the learned Standing Counsel/Prosecutor appearing for the respondent.