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2025 Supreme(Ker) 1232

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sooraj, S/o Sukheshan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.R.SASITH, R.K.CHIRUTHA, ANJANA SURESH.E, REETHU JACOB, LIDHIYA GEORGE, HASNA JABIL, FARSANA NOUSHAD
For the Respondent: SRI NOUSHAD K A, SR.PP

ORDER :

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

2. Petitioner is the accused in Crime No.34/2025 of Chathannur Excise Range. The above case is registered against the petitioner alleging offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS Act).

3. The prosecution case is that, the accused was found in possession of 1.519 grams of MDMA.

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

5. The counsel for the petitioner submitted that the petitioner is in custody from 23.02.2025 and he is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application. But the Public Prosecutor conceded that as per the report received by him from the Investigating Officer, no criminal antecedent is alleged against the petitioner.

6. This Court considered the contentions of the petitioner and the Public Prosecutor. Admittedly the quantity seized from the petitioner is only intermediate quantity. In such circumstances, the rigour under Section 37 of the NDPS Act is not attracted. No criminal antecedent is alleged against the

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