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2023 Supreme(Online)(KER) 14764

ANANTHU THAMPI, – Appellant
Versus
UNION OF INDIA, – Respondent


O R D E R

This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

2. The petitioner is the sixth accused in OR No.2/2023 of Narcotic Control Bureau, Cochin, for having committed offences punishable under Sections 8(c) r/w 20(b)(ii)(A), 22(c), 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case is that on 24/04/2023, a consignment from Gurugram, Haryana reached Kadavanthra in favour of A1 and on a thorough investigation it was unearthed that A1 to A7 were involved in the despatch and the transportation of LSD having 5.5 grams. After that A2, A3, A4, A5 and A6 were summoned and A5 came along with A6 in his car. From this car, 80 grams of Ganja was recovered by the NCB officers and thereby committed the above offence.

4. Earlier, an application filed by the petitioner was dismissed, after detailed consideration,interalia, of the contentions regarding the violation of S.42, the illegality of the arrest,the claim for parity as bail was granted to other accused, by order dated 25.10.2023 in BA No.8094/2023. Learned counsel for the petitioner, Sri. Babu S Nair submits that a complaint

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