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2021 Supreme(Online)(KER) 20706

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SREERAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.K.ANAND

O R D E R

This Bail Application is filed under Section 439 of Criminal Procedure Code .

2. Petitioner is the accused in Crime No.12/2020 of Nilambur Excise Range, Malappuram. This is the 3rd bail application filed by the petitioner under Section 439 Cr.P.C. 3. The short facts are like this: The above crime is registered against the petitioner and another alleging offences punishable under Sections 22 (c), 20(b)(ii)(A), 25, 29 of Narcotics Drugs and Psychotropic Substances Act (NDPS Act).

4. The prosecution case is that the petitioner and other accused were found in possession of 56.64 grams of Ganja, 490 mg of LSD, 4.122 gms of MDMA crystals and 21.22 gms of MDMA pills on a motor bike at Anamari desom, Vazhikkadavu. The petitioner and other accused were arrested on 19.2.2020. The specific case of the prosecution is that the contraband seized from the petitioner is 56 gms of Ganja and 490 mg of LSD.

5. Heard the counsel for the petitioner and the learned Public Prosecutor.

6. The counsel for the petitioner submitted that as far as the Ganja alleged to be seized from the petitioner is concerned, it is small quantity. The contention raised by the counsel for the petitioner is that the

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