SHAJAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant herein is the 5 th accused in S.C No.1426 of 2019 on the files of the Additional Sessions Court-IV, Thiruvananthapuram. In the aforesaid case, he along with the rest of the accused face indictment under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

(3.) On 22.3.2019, secret information was received by the Excise Circle Inspector that narcotic drugs were being trafficked in a white Innova car by one Shaffeeq and Shajan and the prohibited drugs were meant for one Saif, a relative of the aforesaid Shaffeeq. He along with the police party laid wait and they spotted the Innova car. The vehicle was intercepted and it was found that five persons were travelling inside the car. The applicant was found sitting in the front passenger seat and Shafeeq was seen sitting behind the steering wheel. Three persons were found sitting in the back seat. After informing the accused of their rights under section 50 of the Act, search of the person of the accused were carried out. Thereafter the vehicle was searched. From the inside panel of the rear door, 13 packets containing Hashish oil weighing about 13.502 kgs. were seized. The contraband was sampled and sealed in accordance with law and the accused were arrested. Investigation revealed that the accused Nos. 4 and 5 had travelled to Dindigal in a car arranged by the aforesaid Saif and that they had purchased the narcotic drug for being transported to Kerala for sale. Detailed investigation was conducted and final report was laid before the jurisdictional court on 15.9.2019. The case was taken cognizance of by the learned Sessions Judge and is pending trial.