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2022 Supreme(Online)(KER) 13165

HIGH COURT OF KERALA
VIJU ABRAHAM, J
T. SUNIL KURERA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
ASG OF INDIA SRI.RAJAGOPALAN NAIR.K.R., CGC SRI. SUVIN R.MENON, CGC FOR R3

ORDER

This is an application for regular bail.

2. The Petitioners herein are accused Nos.1 to 6 in Occurrence Report No.1 of 2021 of NCB Sub Zone, Cochin, for offences alleged to have been committed under Sections 3 /10, 15(a) and 15(c) of Maritime Zones of India Act, 1981 , and 8(c) read with Sections 20 (b)(ii)(c), 22(c), 23(c), 24, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

3. The prosecution case is that on 07.03.2021, the Indian Coast Guard ship ICGS Varaha had intercepted a fishing boat named Akarsha Duwa having six Sri Lankan nationals, the Petitioners herein, on board in midsea of Indian waters, for allegedly suspected to be carrying narcotic drugs. It is further alleged that the Indian Coast Guard had handed over the Petitioners along with a Letter regarding the interception and the inventory to Narcotic Control Bureau (NCB), Cochin Sub Zone at Vizhinjam on 08.03.2021.

4. It is submitted that the petitioners were formally arrested on

08.03.2021 and they have been languishing in judicial custody ever since then. It is submitted that the petitioners herein are fisher folks of Sri Lankan nationality. They, on the fishing vessel

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