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P.V.KUNHIKRISHNAN
Sameeer – Appellant
Versus
State of Kerala represented by the Public Prosecutor – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Anitha Mathai Muthirenthy, Advocate
For the Respondent: Sri. Grashious Kuriakose, ADGP

ORDER

P.V. Kunhikrishnan, J.—A short point, of course an interesting point, is raised by Advocate Smt. Anitha Mathai Muthirenthy, the counsel for the petitioner in this bail application. According to the counsel, the petitioner is entitled to statutory bail u/s. 167(2) of the Criminal Procedure Code (for short Cr.P.C) because no complete final report is filed before the court concerned, even after 180 days from the date of detention of the petitioner.

2. The facts are like this:

The petitioner is the 1st accused in Crime No.91 of 2021 of Central Police Station, Ernakulam. The offences alleged against the petitioner are u/s.20(b)(ii)(C), 22(C), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). The prosecution case is that the petitioner was residing in an apartment on the 2nd floor of Njarakkattu Residency in Kunnappally Lane in Nettipadam Road, Ernakulam. On 30.1.2021, the police got information that the selling of narcotic drugs is going on in the above apartment. The information was recorded in the C.D by the officer concerned and proceeded to the place after complying with other formalities. When the police party reached the apartment,

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