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2024 Supreme(Ker) 1421

Jishal – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohamed Shareef Pariyarath, Shyam Kumar M.P, Vivek.P.K, Sandeep Sukumaran, Gadha.S
For the Respondent: PP - Jibu T.S

ORDER :

A. Badharudeen, J.

This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and the petitioner is the 3rd accused in Crime No.9/2022 of Excise Enforcement and Anti-Narcotic Special Squad, Malappuram now pending as S.C. No.1615/2022 before the Special Court for SC/ST (POA) Act and NDPS Act Cases, Manjeri.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary and relevant materials available.

3. Precisely, the prosecution allegation is that at about 10.10 p.m. on 10.06.2022, accused Nos. 1 to 3 possessed 54 gram of Methamphetamine and 2 gram of MDMA pills against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act' hereinafter). Accordingly, the 1st accused was nabbed along with the contraband and crime alleging commission of offences punishable under Sections 8(c), 22(C), 29 and 60(3) of the NDPS Act was registered against him. The specific case against the petitioner herein is that, he along with the 1st and 2nd accused also transported the contraband in the car and at the time of detection of the same, he ran away from the pl

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