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2025 Supreme(Online)(Ker) 26845

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
ABDUL SALEEM @ SAALI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: ADV. PRASANTH M.P.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the second accused in Crime No.13 of 2021 of Mannarkkad Excise Range OfÏce, Palakkad, registered for the offences punishable under Sections 20 (b)(ii)(B) , 20(b)(ii)(C) , 29 and 63 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, ‘the NDPS Act’).

3. According to the prosecution, on 05.11.2021, CW1 seized

189.5 kilograms of ganja from a car bearing registration No.KL-05-F-658 allegedly possessed by the first accused and also recovered 300 grams of hashish oil from the residence of the first accused and further seized 8 grams of hashish oil from the residence of the petitioner, and thereby the accused committed the offences alleged. Petitioner was arrested on 20.02.2024 and he has been in custody since then.

4. Heard Sri. P. Mohamed Sabah, the learned counsel for the petitioner, as well as Sri. M. P. Prasanth, the learned Public Prosecutor.

5. The specific contention raised by the learned counsel for the petitioner is that the grounds for arrest were not communicated to the petitioner at the time of arrest.

6. The learned

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