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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE, J
MOHAMMED SAJJID – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused arrested for possession of mdma. (Para 2 , 3) |
| 2. arguments presented for and against bail. (Para 5 , 6) |
| 3. court's interpretation of statutory bail provisions. (Para 7 , 18 , 21) |
| 4. court's ruling on statutory bail entitlement. (Para 22) |
ORDER
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (for short, BNSS ).
2. Petitioner is an accused in Crime No.398/2024 Kadavanthra Police Station. The above case is registered against the petitioner alleging offences punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act).
3. The prosecution case is that, on 11/11/2024 at about 11.00 P.M, the Police party, on secret information, conducted a raid at Noa’s Arch Hotel at Vyttila and seized 2.28 grams of MDMA from Room No.304. The petitioner was present there and he was arrested on 12/11/2024. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is entitled to statutory bail under Section 187 (3) of BNSS . According to the counsel for the petitione
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