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2022 Supreme(Online)(KER) 25762

HIGH COURT OF KERALA
MOHAMMED SAFWAN – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for regular bail.

2. The petitioner is the one of the accused in Crime No.196/2021 of Vidyanagar Police Station alleging commission of offences under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the NDPS Act').

3. The allegation against the petitioner is that the petitioner was found in possession of 21 Kgs of Ganja while travelling on a scooter bearing Registration No.KL-14W 5963 along with the 1st accused.

4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the alleged recovery of contraband from the petitioner cannot be sustained. It is submitted that even according to the prosecution records, the contraband in question was packed in two different bags and the total quantity cannot be taken into consideration for the purposes of determining whether the contraband was in commercial quantities or not. It is not disputed that if the total quantity of contraband is taken into consideration, the same adds up to commercial quantities. It is submitted that since two different packets were recovered, the total quantity can

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