AI Structured Summary
Not yet generated for this judgment
Judgment
K.Haripal, J
Petitioner, now apprehending arrest in crime No.26/2020 of Excise Enforcement and Anti-Narcotic Special Squad, Malappuram has moved this
Court under Section 438 of the Cr.P.C.
According to him, he apprehends arrest in the said crime registered alleging offence under Sections 20(b)(ii)(C) and 29 of the NDPS Act. The
learned counsel submits that he has no connection whatsoever with the said crime, he is a lorry driver and earlier, on receipt of notice under Section
41A of the Cr.P.C., he had appeared before the Investigating Officer and his statement was recorded and still the Investigating Officer is after him.
The learned Public Prosecutor submits that it is a case in which 167 kgs of ganja was seized by the excise officials. As part of the investigation, his
statement was recorded earlier. Later, on the basis of the statement given by one of the accused, when the excise officials had gone to Andhra
Pradesh, it revealed that the petitioner along with some other accused persons had stayed in a paying guest accommodation lodge, which was booked
in the name of the petitioner. On the basis of the subsequent revelations, he was again called for enquiry. Eventhough notice was given, he did not turn
up. The learned Public Prosecutor has also stated that the petitioner has not yet been arrayed as an accused.
In the said circumstances, an order under Section 438 of the Cr.P.C. cannot be granted. The petition is closed.