SHAMEER K. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) On 28.08.2019 at about 11 p.m., while the Inspector of Police, Kondotty Police Station and his party were conducting vehicle check at Edassery Kadavu, they had occasion to intercept a motor bike bearing registration No.KL-10-Y-983 in which two persons were found travelling. Both of them were carrying bags. They were informed of their rights under Section 50 of the Narcotic Drugs and Psychotropic Substances Act and a search was conducted. From the bag found in the possession of the 1st accused, 1.2 kg of hashish oil was seized and from the possession of the applicant herein who was sitting on the pillion, 30 gm of hashish oil was seized. After sampling and seizure, the accused were arrested and were remanded.

(3.) It is submitted by the learned counsel appearing for the applicant that what was seized from his possession was just 30 gm of hashish oil. The learned counsel has vehemently challenged the manner of search and seizure carried out by the detecting officer and it was contended that the mandatory provisions of the Act was complied more by its breach than by its compliance. According to the learned counsel, the applicant has been in custody from 28.08.2019 and his wife is sick and ailing. The counsel prays that the applicant be granted bail so as to enable him to defend his case.