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2024 Supreme(Online)(KER) 11957

HIGH COURT OF KERALA
C.S. DIAS, J
MUJEEB RAHMAN S – Appellant
Versus
THE UNION TERRITORY OF LAKSHADWEEP – Respondent


ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (‘Code’, for the sake of brevity), for an order of pre-arrest bail.

2. The petitioner is the third accused in Crime No.10/2024 of the Kavarathi Police Station, Lakshadweep, which is registered against the accused (three in number) for allegedly committing the offences punishable under Sections 20 (b)(ii)(b), 23, 27(a) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’).

3.The essence of the prosecution case is that: on 31.03.2024, while the Executive Magistrate was checking the luggage of the passengers alighting from MV Kavarathi ship, sailing from Kochi to Kavarathi, he found 250 ml. of Hashish oil in the bag of the first accused. The first accused was arrested. During the interrogation of the first accused and in the course of the investigation, it was revealed that the second accused, a canteen staff of the ship, was also involved in the crime. Accordingly, a search was conducted in the ship and 250 ml. of Hashish oil was also seized from the shoulder bag of the second accused.

Subsequently, during the interrogation of the accused Nos.1 &2 and in the furth

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