RISHABH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.C.No.169 of 2020 on the file of the Court of Additional Sessions Court-I (Adhoc), Alappuzha, which arises out of Crime No.149 of 2018 registered by the Alappuzha Excise Range Office, Alappuzha, for allegedly committing the offences punishable under Ss. 8(c), 22(b) and 20(b) (ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, in short).

(2.) The crux of the prosecution case is that, on 5/10/2018 at around 17.35 hours, while the 2nd respondent was on patrolling duty and when he reached near the SBI ATM counter in front of the Alappuzha Railway Station, he found the petitioner, who on seeing the excise party, attempted to hide himself behind the ATM counter. On intercepting and questioning the petitioner, he stated that he went to Alappuzha to meet his girl friend, a French National. The 2nd respondent informed the petitioner the right of being searched in front of a Gazetted Officer. However, the petitioner permitted the 2nd respondent to conduct the search. In the search, 0.840 grams of MDMA and 20 grams of Ganja were seized from the petitioner.

(3.) I have heard; the learned Counsel for the petitioner and the learned Public Prosecutor.