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2024 Supreme(Online)(Ker) 68626

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ANURAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners:Sarath Babu Kottakkal, Jithin Babu, K.R.Arun Krishnan|For the Respondents: C.S.Hrithwik, Neema.T.V, Seetha.S, Grashious Kuriakose, S.Rajeev

Table of Content
1. factual background of the bail application. (Para 2)
2. court's directive for chemical analysis reports. (Para 5 , 6)
3. government's responsibility for timely testing. (Para 8 , 9)
4. importance of forensic testing in drug cases. (Para 13 , 14 , 15)
5. legal provisions regarding commercial quantity. (Para 19 , 20)
6. impact of chemical analysis on bail decisions. (Para 22 , 23 , 24)
7. court's final directives on testing timelines. (Para 26 , 27)

C O M M O N O R D E R

Does an accused have the right to seek for the expeditious testing of the seized drugs/substances under the Narcotic Drugs and Psychotropic Substances Act , of 1985?

2. The accused 1 to 4 in Crime No.291/2023 of the Kattoor Police Station, Thrissur, have individually filed these applications under Section 439 of the Code of Criminal Procedure , 1973, to enlarge them on bail. The petitioners were arrested on 6.4.2023.

3. The factual matrix of the prosecution case is that: on

6.4.2023, at around 16.20 hours, 14.84 grams of “MDMA” (methylenedioxy methamphetamine) was seized from the accused 1 to 4 at the residence of the first accused at Pullathara Desom, Karalam Panchayat. The accused were arrested on the s

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