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2022 Supreme(Online)(KER) 12132

HIGH COURT OF KERALA
MUHAMMED ASHIF – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADV BABU S. NAIR, ADV PUBLIC PROSECUTOR

ORDER

This is an application for regular bail.

2. The petitioners are the accused in Crime No.238/2022 of Erumapetty Police Station, Thrissur District alleging commission of offences under Section 402 of the Indian Penal Code and Sections 22(a), 22(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act .

3. The allegation against the petitioners is that the petitioners were found in possession of 0.640 grams of a substance believed to be MDMA and a knife and a bottle of pepper spray and thereby they committed the offences under the NDPS Act and also the offence punishable under Section 402 of the IPC .

4. The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that even the prosecution does not have a clear case as to whether the substance allegedly found from the possession of the petitioners is MDMA or not. It is submitted that even assuming that the substance is MDMA the quantity recovered is just above small quantity. It is submitted that the offence under Section 402 of the IPC is clearly not attracted merely on account of the fact that the knife and a pepper spray were allegedly recove

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