ANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 1st accused in Crime No.23 of 2018 of the Excise Enforcement and Anti Narcotics Cell, Ernakulam, registered on 11.5.2018 under Sections 22(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) On 11.5.2018, Sri.K.K.Anilkumar, the Circle Inspector of the Excise Enforcement and Anti Narcotic Squad, was engaged in patrol duty, within the limits of Aluva Excise Range. On reaching Thadikkakadavu - farm road, one person was found standing on the eastern side of the road holding a plastic kit. On seeing the excise officials, he got perplexed and attempted to make good his escape in a bike which was parked nearby. He was intercepted by the excise officers and when he failed to give rational answers, the plastic bag in his possession was examined in the presence of witnesses. Several paper boxes were found inside and one of those boxes was opened by the detecting officer. It was found to contain narcotic substances in the form of ampules. He was informed of his rights to be searched in the presence of a Gazetted officer and as requested by him, the Excise Inspector of the Aluva Excise Range was requested to come to the spot. In the presence of the officer concerned, a search was conducted in accordance with law. From the box, a total number of 196 ampules of Buprenorphine, Diazepam and Promethazine were seized. The narcotic substances were sampled, sealed and seized in accordance with law and the accused was arrested. Later, the above crime was registered and the accused was produced before the court below on 12.5.2018 and he was remanded. He remains in custody. The applications for bail filed earlier were dismissed by this Court. After completion of investigation, final report was laid by Sri.B.Suresh, the Excise Circle Inspector of the Excise Enforcement and Anti Narcotics Special Squad, Ernakulam.