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2023 Supreme(Ker) 168

ALEXANDER THOMAS, SOPHY THOMAS
Yethul T, S/o. Jayadevan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.JOHN SEBASTIAN RALPH, VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, SHIFNA MUHAMMED SHUKKUR
For the Respondent: SRI.K.A.ANAS, SMT.SAIPOOJA, SRI.TOM JOSE PADINJAREKARA, SRI.SUMAN CHAKRAVARTHY, S.MANU, DY.SOLICITOR GENERAL OF INDIA

ORDER :

ALEXANDER THOMAS, J.

The aforecaptioned application has been instituted under Sec.439 of the Code of Criminal Procedure (Cr.P.C), seeking for regular bail, in regard to the involvement of the sole applicant herein, as accused No.2, in the instant Crime No.34/2021 of Kannur Excise Range Office, which has been registered for offences punishable under Sec.22(c) read with Sec.29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act” or as “the Act”, for short).

2. The gist of the prosecution case in the above crime is that on 15.12.2021 at about 7.25 PM, the two accused persons in this case were found in possession of 0.1586 grams of LSD, transported in a scooter, bearing registration No.KL 13 AJ 2850, at Payyambalam, near the office of the Postal Superintendent, Kannur. The specific allegation is to the effect that, on seeing the Excise party, A-1 handed over some articles to the applicant herein (A-2) and he had put it in his pocket and on suspicion, search was conducted and LSD was found in possession of A-2. The applicant was a

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