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2024 Supreme(Online)(KER) 18282

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
FIROZ K.M, – Appellant
Versus
STATE OF KERALA, – Respondent


ORDER

This is the second application filed by the accused in Crime No.

16 of 2023 of Excise Range Office, Kozhikode, Kozhikode district, registered for the offences under Sections 20(b), II (c) and 20(b) II (B) of the narcotic Drugs and Psychotropic Substances Act, 1985, for regular bail under Section 439 of the Code of Criminal Procedure,

1973.

2. The prosecution case is that on 14.03.2023 at about noon, the petitioner was found in possession of 2 kilograms of ganja transported in a car bearing registration No.KL 77 A 2522 through Arayidathpalam-Eranhipalam Mini Bye pass road. After that, based on the disclosure statement made by the accused search was conducted in a house occupied by the accused in ward No.31 of Kozhikode Corporation and 35 Kilograms of Ganja and 761 grams of Hashish oil were seized. The accused possessed a commercial quantity of ganja and an intermediary quantity of hashish oil, thereby committing the above offence.

3. The learned counsel for the petitioner submits that the contraband in this case was mixed up and weighed which violates Section 52A of the NDPS Act, which describes the mode of seizure, packing and sampling of the narcotic substances. He also re

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