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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JAGATH RAM JOY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusation and possession of contraband. (Para 2) |
| 2. legal arguments on seizure protocol violations. (Para 5 , 7) |
| 3. quantity assessment under ndps act. (Para 8 , 9 , 10) |
| 4. decision and conditions for bail. (Para 11) |
ORDER
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.17/2022 of the Excise Range Office, Ernakulam. The offence alleged is under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short)
3. The prosecution case in short is that on
01.03.2022 at about 11 P.M., the petitioner was found in possession of 0.3868 gms of LSD stamp for sale in contravention of the NDPS Act and Rules and thereby committed the aforesaid offence.
4. Heard Sri.Suman Chakravarthy, the learned counsel for the petitioner and Smt.Seena C., the learned Public Prosecutor and perused the case diary.
5. The learned counsel for the petitioner, to get over the rigour of Section 37 of the NDPS Act, has raised before me the following two points:
(i) The weight of the LSD shown in the Mahazar as 0.3868 gms is inclusive of the weight of the stamps. According to the learned
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