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2021 Supreme(Ker) 108

ASHOK MENON
Noushad K. , Son of Assainar – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.MADHU
For the Respondent: SRI.SANTHOSH PETER SR PP

ORDER :

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 2nd accused in Crime No.708/2020 of Nileswar Police Station for having allegedly committed offences punishable under Sections 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The prosecution case, in brief, is that on 12.10.2020 at about 12.30 p.m., the applicant and 1st accused were intercepted and found transporting 9.8 kgs of ganja in a Maruti Swift Car bearing registration No.KL14T2141 near Pallikkara Railway Gate in Perole Village. They were apprehended and remanded to Judicial custody.

3. The 1st accused was granted bail. The applicant's bail application before the jurisdictional court was dismissed as withdrawn in view of the fact the applicant is a criminal having 15 other crimes registered against him. The applicant has now been in custody for 147 days. The final report has been filed and taken on file at the jurisdictional court as SC No.526/2020. The applicant prays that he may be granted bail, since he has been in custody for a fairly long time. Moreover, the embargo under Section 37 of NDPS Act is not attracted in this case, since the quantity involved is on

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