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2023 Supreme(Online)(KER) 19733

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SHABEER, – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SHARAN SHAHIER

ORDER

This is an application filed u/s 439 of the Code of the Criminal Procedure seeking regular bail.

2. The petitioner is the 3rd accused in Crime No.56 of

2023 of Kozhikode Town Police Station, Kozhikode, which was registered for the offences punishable under Sections 22 (c) and 20(b)(ii)(A) of the NDPS Act. The prosecution case is that on 19.01.2023 the petitioner along with the other persons were found in possession of 84.290 grams of MDMA and 18.070 grams of Hashish near the Government Model Higher Secondary School, Kozhikode. The petitioner and the other accused were arrested on the same day and the contraband articles were seized. Since then, he has been under judicial detention. Even though the petitioner earlier approached this Court seeking bail, same was dismissed as per Annexure-3 order. This is the second application submitted by him.

3. Heard Sri.Sharan Shahier, learned counsel for the petitioner and Sri.Sanal P.Raj, learned Public Prosecutor for the State.

4. The learned counsel for the petitioner submits that, even though, a final report was submitted by the Police within the statutory period of 180 days, the jurisdictional court noted certain fundamental mistakes ther

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