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2025 Supreme(Online)(Ker) 47425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHIHABUDHEEN @ FAIZU – 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: SRI. NOUSHAD K. A. (PP)

Table of Content
1. bail application filed under specific administrative guidelines. (Para 2 , 3)
2. prosecutor establishing the evidence needed to justify the denial of bail. (Para 4 , 8)
3. contraband possession and accused's prior criminal history as grounds for prosecution. (Para 5 , 6)
4. court's dismissal of bail based on sufficient evidence and legal precedents. (Para 9)

O R D E R

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

2. Petitioner is the fifth accused in Crime No.13 of 2020 of Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, registered for the offences punishable under sections 8(c), 20(b)(ii)((c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

3. According to the prosecution, on 08.12.2020, accused was found to be in possession of 3 kgs of Hashish oil and 101 Kgs of ganja while transporting them and thereby committed the offences as alleged. Petitioner was arrested on 01.12.2023, and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. Petitioner is arrayed a

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