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2023 Supreme(Ker) 747

P. V. KUNHIKRISHNAN
Shibu J. – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.J. Santhosh, Renjith B.Marar, Antony Paul, Lakshmi.N.Kaimal, Abhijith Sreekumar, Arun Poomulli, Anand Remesh
For the Respondent: Smt.Sreeja.V, PP

ORDER :

Petitioner is arrayed as the 4th accused in Crime No.19/2023 of Excise Enforcement And Anti-Narcotic Special Squad. The above case is registered alleging offences punishable under Section 8(C), 22(C), 20(b) (ii)(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2. The prosecution case is that, on 09.07.2023, the petitioner along with other accused was found in possession of 155.480 kgs of ganja and 70.71 grams of MDMA.

3. The petitioner filed an application as Crl.M.P.No.5181/2023 for the certified copy of the seizure mahazar in Crime No.19/2023 of Excise Enforcement And Anti-Narcotic Special Squad before the Additional Sessions Court-I, Thiruvananthapuram. But the said application was dismissed as per Annexure A1 order. Aggrieved by the same, this Criminal Miscellaneous Case is filed.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. Counsel appearing for the petitioner submitted that the petitioner is facing a serious allegation of possessing commercial quantity of ganja and MDMA. In the light of the rigour under Section 37 of the NDPS Act, the accused is entitled for bail only if he could estab

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