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2023 Supreme(Online)(KER) 6627

HIGH COURT OF KERALA
A. BADHARUDEEN, J
MUHAMMED AFZAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
VIVEK VENUGOPAL, P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA SADIK, ISMAYIL R.GAYATHRI, M.MAHIN HAMZA, SRINATH C.V.

C O M M O N O R D E R

B.A.No.970/2023 is an application for regular bail filed by the 2nd accused in Crime No.905 of 2022 of Angamali Police Station, Ernakulam, under Section 439 of the Code of Criminal Procedure. 3rd accused in the same crime seeks regular bail in B.A.No.1109/2023.

2. Heard the respective counsel appearing for the petitioners and the learned Public Prosecutor in detail. Perused the documents placed by the petitioners as well as the relevant documents form part of the case diary and report of the Investigating Officer produced by the learned Public Prosecutor.

3. The prosecution case is that accused 1 to 4 hatched conspiracy to possess and sell MDMA; and in continuation of the said conspiracy, they jointly collected 198.36 grams of MDMA and stored the same in Bluetooth speakers. Thereafter, the said MDMA was forwarded through Blue Dart DHL Courier service in Mumbai and received the same in Blue Dart DHL Office in Angamaly and the same was found in possession of the 1st accused when he had kept the same in a TATA Nano car bearing Registration No. KL04-AH- 4823, near Malabar Gold Jwellery, Angamali. Thereafter, the said contraband along with Hashish oil contained in a s

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