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2012 Supreme(Ker) 590

N.K.BALAKRISHNAN
Karuthan Ponnaiya – Appellant
Versus
Senior Intelligence Officer State Of Kerala, Rep. By The Special Public Prosecutor – Respondent


Advocates appeared:
For the Petitioners:Biju Balakrishnan, Advocate.
For the Respondent: C.P. Udayabhanu, Special Prosecutor.

JUDGMENT

1. Petitioners are A1 and A3 in O.R. No. DRI/TVM/2/NDPS/2012 of Directorate of Revenue Intelligence, Sub Unit, Thiruvananthapuram. The offences alleged against the accused are under sections 9A r/w 25A, 27A, 28 and 29 of N.D.P.S. Act. Petitioners have been in custody from 05.04.2012 and hence this petition for bail. The final report was already filed in this case and it is pending as S.C. No.681/2012.

2. The learned Special Prosecutor submits that section 27A of the Act is not pressed into service now. It is further submitted that the main section of offence attracted in this case is section 25A of N.D.P.S. Act.

3. It is alleged that the officials of the respondent received reliable information that the petitioners were carrying Ephedrine, a controlled substance as defined under the N.D.P.S. Act, by concealing that substance in their baggages and were trying to board a flight to Singapore. Hence, the officials of the Directorate of Revenue Intelligence (D.R.I.), after complying with the procedure prescribed, checked the baggages of the accused persons. The baggages contained Ephedrine, a controlled substance. It was found to have been ingeniously concealed. The total weigh












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