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2023 Supreme(Online)(KER) 6440

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SHIFNA N K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SUSMITH KUMAR T.D, T.O.DEEPA, C.SIVADAS, SMT.SHEEBA THOMAS

O R D E R

Dated, this the 8th February, 2023 This is a petition filed under Section 439 of the Code of Criminal Procedure, by the petitioner, who is the 2nd accused in Crime No.22/2022 of Excise Range Office, Nilambur, where she alleged to have committed offences punishable under Sections 8 (c), 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 , (hereinafter referred as 'NDPS Act', for short) and the petitioner seeks regular bail.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. The prosecution allegation in this case is that at about 8:45 p.m. on 11.09.2022, when the Excise Range Inspector and party conducted routine examination of vehicles near Excise Check Post, Vazhikkadavu, accused Nos.1 to 4 carried 75.458 grams of MDMA in one Jeep and two motor bikes viz., KL 7Q 4579, TN 65 AD 6976 and KL 71E 6911. Accordingly, accused Nos.1 and 4 were nabbed and the contraband taken into custody and crime was registered alleging commission of the above offences.

4. While canvassing regular bail to the 2nd accused, where commercial quantity of 75.458 gram of MDMA, jointly possessed by the accused, got recovered, it is submitted by

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