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2021 Supreme(Ker) 766

ASHOK MENON
Saharath – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.V. Anoop
For the Respondent: Sr. Government Pleader (Santhosh Peter)

ORDER :

Successive application for regular bail under S.439 Cr.P.C.

2. The applicant is the accused in Crime No.521/2019 of Panniyankara Police station, Kozhikkode for having allegedly committed an offence punishable under S.22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short). The investigation is over and the final report has already been filed and taken on file of the Court of the Special Judge for NDPS case, Vadakara as S.C. 41/2020.

3. The prosecution case, in brief, is that on 07.12.2019 at about 11.40 A.M., the Police officers apprehended the accused near the goods shed yard of the Kallai Railway Station under suspicious circumstances, and on search he was found to be in possession of 2830 capsules weighing 1750 grams of Spasmo Proxyvon containing Tramadol, a commercial quantity of a psychotropic substance, violating the provisions of the NDPS Act. He was remanded consequent to his arrest and continues in judicial custody. The applicant had filed an application for statutory bail under S.167(2) Cr.P.C. read with S.36A(4) of the NDPS Act as Crl. M.P.No.275/2020 before the Designated Court and the same was dismissed vide Annexure-2 Order. The fin

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