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2020 Supreme(Ker) 966

SHIRCY V.
ASARAF ALI SAMSUDEEN – Appellant
Versus
NARCOTIC CONTROL BUREAU – Respondent


Advocates appeared:
Sri.D.G.Vipin Sri.Karol Mathews Sebastian Alencherry for the Appellant; SRI.MVS.NAMBOOTHIRY for the Respondent

ORDER

1. This application is for regular bail filed by the 1st accused in O.R. No. 1051 of 2019 of Narcotic Control Bureau, Aluva registered for the offences punishable under Sections 8(c) read with Sections 22 (c), 23 (c), 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act ('NDPS Act' for short).

2. The crux of the prosecution case is as follows:

On 06.10.2019 at about 22.40 hours, an intimation was sent from the CISF Control Room in Cochin International Airport to the Narcotics Control Bureau ('NCB' for short) that a passenger who was about to board to Air Asia Airways to Kolalambur was found in possession of some suspicious items akin to methamphetamine, a psychotropic substance coming under the NDPS Act concealed in his undergarment and on receipt of the intimation, the NCB officials, reached the Airport and search was conducted and the contraband was seized from the petitioner. Two other passengers, i. e the 2nd and the 3rd accused, who boarded in the aircraft to Doha were made to deboard from the flight and from them also narcotic item were seized. Since, contraband was seized from the petitioner, he was apprehended along with the other two passengers by NCB and th

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