SHINE TOM Vs. STATE

JUDGEMENT

(1.) Petitioners are A1 to A5 respectively in Crime No. 159/2015 of Kadavanthra Police Station, Ernakulam registered for the offences punishable under Sections 21(b), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) The prosecution case is that on prior secret information that a smoke party was going on in Duplex Flat No. 13F and 14F of Skyline Topaz Apartment, Kadavanthra, the investigating officer along with the police party reached the flat at 00.15 a.m. on 30.01.2015 and found the petitioners present in the flat. They were allegedly enjoying the smoke party. Cigarette buds etc. were seen in the ashtray and some fresh cigarettes were also seen. According to the prosecution, the investigating officer was satisfied that the petitioners were smoking cigarette smeared with cocaine or some other narcotic drugs. The option to be searched in the presence of a gazetted officer or Magistrate was given to those petitioners, according to the prosecution, and the presence of a gazetted officer was made available and the body search of the petitioners were conducted. Nothing incriminating was recovered from the body search of A3. The women were separated and their body search was conducted through a Woman Police Constable. Nothing incriminating was seized from the body search of A2, A4 and A5 also. At the same time, it is alleged that on the body search of A1, a polythene packet containing 10 other small packets of some white substance was seized from the pocket of the jeans worn by A1. The said white substance was found to be cocaine. All the petitioners were placed under arrest. The contraband has been seized through a mahazar and other legal formalities were complied with. The petitioners have been in custody for the period from 31.01.2015 onwards.

(3.) Heard the learned Senior Counsel Sri. B. Raman Pillai, Sri. K.R. Vinod, Sri. P.A. Mujeeb, Sri. Shajin S. Hameed, and Sri. Venkatesh Gopi for the petitioners and learned DGP Sri. Asif Ali.