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2018 Supreme(Ker) 324

R.NARAYANA PISHARADI
Shaji P. A. – Appellant
Versus
State of Kerala, Rep. by Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: Sri. Nireesh Mathew
For the Respondents: Sri. D. Chandrasenan

ORDER :

Do the restrictions imposed on the Court under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') in granting bail to a person accused of an offence which is specified therein apply while considering an application for pre-arrest bail filed by such person under Section 438 of the Code of Criminal Procedure, 1973? (hereinafter referred to as 'the Code'). This question arises for consideration in this application for anticipatory bail.

2. The petitioner is the second accused in the case registered as Crime No. 943/2018 of the Perumbavoor police station under Section 21(c) of the Act. The prosecution case can be briefly stated as follows: On 12.03.2018, at about 08.22 hours, the Sub Inspector of Perumbavoor police station received reliable information that a person was transporting hashish by travelling on the motor cycle bearing registration No. KL-06/H-743 and that he was proceeding from Kothamangalam to Perumbavoor. By 09.00 hours, the Sub Inspector reached the road near Asramam School at Perumbavoor and started checking of vehicles. When he saw the aforesaid motor cycle coming from east to west, he intercepted it. Th













































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