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2012 Supreme(Ker) 573

N.K.BALAKRISHNAN
Perumal – Appellant
Versus
State of Kerala Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners:Babu S. Nair, Advocate.
For the Respondent: Rajesh Vijayan, Public Prosecutor.

JUDGMENT

1. Petitioners are the two accused in Crime No:109/2012 of Vazhikkadavu Police Station, Malappuram District. The offence alleged is under section 5 of Explosive Substances Act. Petitioners have been in custody since 08.07.2012. Hence they request for bail.

2. It is alleged that on 08.07.2012 at 10.00 p.m., when the lorry KA-05-AB-6258 was intercepted and examined by the Police officials, the said lorry was found to contain 340 bags, each bag containing 50 kilograms of Ammonium Nitrate. The petitioners were the driver and cleaner then seen in the said lorry. The total weight of the Ammonium Nitrate was found to be 17,000 kilograms. The lorry with Ammonium Nitrate, was seized. During investigation it was revealed that though the Ammonium Nitrate was brought in the name of an establishment called Alungal Chemicals, it was actually brought by one Ismail S/o. Ibrahimkutty. His address and other particulars are seen mentioned in the Case Diary.

3. The learned counsel for the petitioners vehemently argues that the Way Bill and Consignment Note were produced and that those two documents alone were/are sufficient to transport Ammonium Nitrate. It is further argued with vehemence th

























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