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2023 Supreme(Ker) 525

ZIYAD RAHMAN A. A.
Nandakumar N. S/o Narayana Swami – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nireesh Mathew.
For the Respondent: C.S. Hrithwik.

ORDER :

1. The petitioner is the 2nd accused in Crime No. 26/2021 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam. The offences alleged against the petitioner are under Sections 20(b)(ii)C, 25 and 29 of the NDPS Act.

2. The prosecution case is that, on 28.04.2021 at about 3.15 a.m., the accused Nos.1 and 2 were found transporting 140 KG of Ganja in a pickup van with Registration No. KL-09/AF-2210 through Vallarpadam Container Road near Anavathil Junction, Eloor. The petitioner was arrested on the same day, and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

3. Heard Sri.Nireesh Mathew, learned counsel for the petitioner and Sri.C.S. Hrithwik, learned Public Prosecutor for the State.

4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. It is pointed out that the petitioner has been in judicial custody for the past more than two years, and the chances of completing the trial in the near future are remote. The petitioner has no criminal antecedents, and therefore, there is no purpose in keeping the petitioner under detention. The learned counsel for t

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