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2025 Supreme(Ker) 220

P. V. KUNHIKRISHNAN
Jithu Thomas S/o Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH BENSON AMBROSE
BY ADV G SUDHEER, PP

ORDER :

P.V. KUNHIKRISHNAN, J.

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the 15 th accused in Crime No.375 of 2022 of Kannur Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 21, 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

3. The prosecution case is that the police seized 3.49 grams of LSD, 39 grams of tablets and 18.5 grams of brown sugar from a building where accused Nos.1 to 3 were working. Specific allegation against the petitioner is that he transferred an amount of Rs.11,29,650/- to the account of accused No.2.

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

5. The counsel appearing for the petitioner raised a short point. The counsel relied on the judgment of the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416] , Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and also Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023] and submitted that when there is


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