ORDER :

1. This Crl.M.C. has been filed by the State of Kerala represented by the Excise Inspector, Excise Range Office, Nilambur, challenging Annexure - A1 order dated 16/04/2020 passed by the Court below in CMP No.56 of 2020, granting bail to the respondent herein, who is the accused in Crime No.12 of 2020 of Nilambur Excise Range, registered for the offences punishable under S.22(c), S.20(b)(ii)(A), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act").

2. The prosecution allegation is that on 19/02/2020 at about 1.20 p.m., the respondent and the other accused were found transporting 56.64 gm of ganja, 490 mg of LSD, 4.122 gm of MDMA crystal and 21.22 gm of MDMA pills in a motor cycle bearing registration No. KL-54-D-5787, in contravention of the provisions of the NDPS Act. The respondent herein and the other accused were arrested from the spot. The respondent herein filed Bail Application before the Court below under S.439 Cr.P.C., which was allowed by the Court below as per Annexure - A1 order.

3. Heard both sides.

4. It appears from paragraph 5 of Annexure - A1 order that the learned Public Prosecutor opposed the application. However, th