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2023 Supreme(Online)(Ker) 51641

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, SOPHY THOMAS, JJ
Yethul T – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: V.John Sebastian, Ralph Vishnu Chandran, Ralph Reti John, Appu Babu, Shifna Muhammed Shukkur
For the Respondents: Public Prosecutor, Smt.Saipooja, Sri.Tom Jose Padinjarakkara, Sri.Suman Chakravarthy, Sri.K.A.Anas, Dy.Solicitor General of India

Table of Content
1. application for bail under ndps act. (Para 1 , 2)
2. prosecution's argument on weight of contraband. (Para 3 , 4)
3. reference to prior judicial decisions. (Para 5 , 6 , 7)
4. court's analysis on lsd and its weight. (Para 8 , 9)
5. arguments on the definition of preparation. (Para 10 , 12)
6. conclusion on application of ndps definitions. (Para 13 , 14)
7. final ruling on bail application. (Para 47 , 48)

ORDER

ALEXANDER THOMAS, J.

The aforecaptioned application has been instituted under Sec.439 of the Code of Criminal Procedure ( Cr.P.C ), seeking for regular bail, in regard to the involvement of the sole applicant herein, as accused No.2, in the instant Crime No.34/2021 of Kannur Excise Range Office, which has been registered for offences punishable under Sec.22(c) read with Sec.29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act” or as “the Act”, for short).

2. The gist of the prosecution case in the above crime is that on 15.12.2021 at about 7.25 PM, the two accused persons in this case were found in possession of 0.1586 grams of LSD, transported in a scooter, bearing registration No.KL 13 AJ 2850, at Payyambalam, near

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