SHAFI N. 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.347 of 2019 registered at Hosdurg Police Station, under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) On 20.05.2019, at about 11.30 a.m., source information was received by the Sub Inspector of Police, Hosdurg Police Station that 3 persons travelling in a black Scorpio car and parked near to the Neeleswaram-Kasaragod National Highway were engaged in the trafficking of narcotic substances. The said information was recorded and a report was sent to the Superior Police Officer. At about 11.55 a.m., the Police Officers spotted the Mahindra Scorpio car parked by the side of the road. On seeing the Police personnel, one of the persons sitting in the front seat of the car, took to his heels and he could not be apprehended. However, the officers managed to restrain two persons who were sitting inside the car. A detailed search was conducted inside the vehicle, but the vehicle was found to be clean. The persons found sitting inside the car were informed of their rights under Section 50 of the Act. After securing the presence of a Gazetted officer, body search was conducted and from the shirt pocket of the applicant herein, 30 plastic covers containing a crystal like substance was found. Search was conducted on the body of the companion of the applicant and similar substance was seized from his possession as well. On interrogation, the applicant is alleged to have disclosed that the contraband found in his possession was MDMA. The quantity of contraband seized from the possession of the applicant was 19.150 gms. The contraband articles were seized and Crime No.347 of 2019 of the Hosdurg Police Station was registered as aforesaid.