MANSOOR ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Criminal Revision Petition has been filed by the accused No.5 in S.C. No. 127 of 2023 on the file of Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri (for short, 'the trial court') challenging the dismissal of the discharge application filed by him under Sec. 227 of Cr.P.C.

(2.) There are altogether five accused. The offences alleged against accused Nos. 1 to 3 are under Sec. 20(b) (ii)(C) and Sec. 29 of the NDPS Act, and the offence alleged against the accused Nos. 4 and 5 is under Sec. 27A of the NDPS Act.

(3.) The prosecution allegation is that on 19/8/2022 at 11.30 hours, the accused Nos. 1 to 3 were found in possession of 21.450 kilograms of Ganja in contravention of the NDPS Act and Rules while they were transporting the same in a car bearing registration No. TN-09-BF-1275. The allegation against the petitioner and the accused No. 4 is that they arranged and sent money to the accused No. 2 to purchase the seized contraband.