AMIR KHAN Vs. ASSISTANT EXCISE COMMISSIONER, KOZHIKODE

JUDGEMENT

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

(2.) The petitioner herein is the 2nd accused in Crime No.14 of 2017 of the Excise Enforcement and Anti Narcotic Special Squad, Kozhikode registered under Section 8(c) r/w Section 18(b) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) On 01.06.2017, the Excise Inspector, Excise Enforcement and Anti Narcotic Special Squad, Kozhikode on reliable information entered Room No.XI of the Prestige Tourist Home, wherein the 1st accused was staying and about 4.77 kgs of Opium was seized from the room. Based on the information furnished by him, 70 gms of Brown Sugar was seized from a Scooter registered in the name of the 1st accused. He was produced before Court and as the investigation could not be completed within six months, he was granted statutory bail. In the course of investigation, it was revealed that the narcotic drugs and substances were sold to the 1st accused by the applicant herein, who is a resident of Jhalwar, Rajastan. The account details of the applicant and the 1st accused revealed that large amounts of money have changed hands during the period from 2.5.2017 to 15.5.2017. The 1st accused on interrogation had also given statement under Section 67 of the Act pin pointing the role of the applicant. The applicant was thus arrested from Rajastan on 10.3.2018 and was produced before the learned Magistrate on 12.3.2018 and he has since then in judicial custody.