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2025 Supreme(Online)(KER) 14969

HIGH COURT OF KERALA
V. G. Arun, J
JOSEPH P.U.@ CEASING JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
CELINE JOSEPH, M.C. ASHI

ORDER

Dated this the 28th day of February, 2025

The petitioner is the 2nd accused in Crime No. 619 of 2021 of Sulthanbathery Police Station, Wayanad, now pending as S.C. No.270 of 2022 on the files of the Special Court for NDPS Act Cases/ Additional Sessions Court-II, Kalpetta. The offences alleged against the petitioner and other accused are punishable under Sections 20 (b)(ii)(C) , 29 and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).

2. The gist of the prosecution case is that, on 03.08.2021, the accused stored 102 Kgs of Ganja, meant for sale, in the house of the 1st accused. The petitioner was granted bail by the court vide order dated 12.07.2023 in Crl.M.P.No.1829 of 2023, subject to conditions. One condition was that the petitioner should not get involved in similar offences. The order also authorised the investigating ofÏcer to approach the jurisdictional court for cancellation of bail, if the conditions are violated. The petitioner violated the condition by getting involved in another crime in Odisha, for the offence punishable under Section 20 (b)(ii)(C) of the NDPS Act. The respondent therefore approached the Special Court for

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