MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 2 and 3 in Crime No. 491/2024 of Town North Police Station, Palakkad, registered against the accused (3 in number) for allegedly committing the offence punishable under Sec. 22(b) r/w Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners were arrested on 6/5/2024.

(2.) The crux of the prosecution case is that: on 6/5/2024, at around 12.30 hours, the accused, in furtherance of their common intention, were found in conscious possession of 4.950 grams of MDMA near the Palakkad Junction Railway Station. The accused were arrested on the spot with the contraband article. Thus, the accused have committed the above offences.

(3.) Heard; Sri. P.K.Mohanan, the learned counsel appearing for the petitioners and Smt. Seetha.S the learned Public Prosecutor.