MUSTHAQUE AHAMMED @ MUTHU Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant in B.A. No 6515 of 2018 is the 1 st accused and the applicant in B.A.No.6636 of 2018 is the 2 nd accused in Crime No.183 of 2018 of the Nilamboor Police Station. In the aforesaid crime, they are accused of having committed offence punishable under Section 20(b)(ii)(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

(3.) On 19.06.2018 at about 4 pm, based on secret information with regard to possession and transportation of narcotic substances, a car bearing registration No.KL-21/G-2673, was intercepted by the Station House officer of the Nilambur Police Station and his party. The applicants were found traveling in the said car. The 1st accused was driving the car and the 2nd accused was in the rear seat. About 38.6 kgs of Ganja was found stored inside the car. Out of the said quantity, about 20.55 kgs was possessed by the 1st accused and the rest by the 2 nd accused. The accused were arrested and the contraband was seized.