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2022 Supreme(Ker) 1119

VIJU ABRAHAM
Jamshad Ali, S/o. Muhammed P. – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Manu Tom, Balamurali K.P., Shakkeela E.J., Shaji T.M., Renil Iqubal K.
For the Respondent: Public Prosecutor Sri. M.C. Ashi.

ORDER :

This is an application for regular bail.

2. Petitioner is arrayed as 1st accused in Crime No.206 of 2022 of Kondotty Police Station, Malappuram which was registered on 03/04/2022 for the offences punishable under Sections 21(C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ''NDPS Act''). As of now, 4 persons are arrayed as accused in the above case. The petitioner was arrested and remanded on 03/04/2022.

3. The prosecution allegation is that on 03/04/2022 at 01.25 a.m. near Kondotty Bus Stand, the petitioner along with accused No.2 was found transporting 450 grams of brown sugar. It is further alleged that the petitioner and 2nd accused were employed and funded by accused Nos. 3 and 4. Thus, the accused had committed the offences under Sections 21(C) & 29 of the NDPS Act.

4. It is submitted that the petitioner had preferred an application for bail before the Special Court for NDPS cases, Manjeri on 30/09/2022 (181st day) praying for default bail under Section 167(2) Cr.P.C. as the period of 180 days was over on 29/09/2022 and a petition under Section 36A (4) was not filed by the prosecution for seeking further time for completing the investigation.

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