LAWS(KER)-2018-2-525

SHINE ZACHARIAS Vs. STATE OF KERALA

Decided On February 09, 2018
Shine Zacharias Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The Prosecution allegation is that, based on a tip off, the petitioner was in possession of Narcotic Drugs for supply to party goers who were expected to congregate for the Rave Party to be held at Bolgatty Palace Ernakulam, for celebrating New Year, he was rounded up by the police on 1.1.2018 at about 5 a.m. After complying with the statutory formalities, a search was conducted. 0.480gms of LSD stamps were seized from his possession. Consequently, Crime No.2 of 2018 of the Mulavukad Police Station was registered alleging offence punishable under Sections 20 (b) (ii)(C) , 28 , 29 and section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated. Referring to Annexure-A1 discharge summary, it is submitted that the petitioner herein was diagnosed with Neurobrucellosis in the month of August 2017 and his health condition is weak. It is submitted that having regard to the long period of incarceration undergone by him, his continued detention is unjustified.