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2025 Supreme(Online)(Ker) 49799

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
DEEKSHITH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW, SRI.VIVEK VENUGOPAL, SRI.BABU JOSE, SHRI.GAJENDRA SINGH RAJPUROHIT, SHRI.AKHIL GEORGE, SHRI.ATHUL POULOSE
For the Respondents: SRI.NOUSHAD K.A., PP

ORDER

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

2. Petitioner is the accused in Crime No.56/2025 of Excise Range Office, Palakkad, registered alleging offence punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS' Act').

3. According to the prosecution, on 06.05.2025 at 11.05 AM, the accused was found in possession of 1.030 kilograms of Methamphetamine and thereby committed the offences alleged. Petitioner was arrested on 06.05.2025 and he has been in custody since then.

4. The learned counsel for the petitioner submitted that petitioner has been in custody since 06.05.2025. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.

5. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioner at the time of his arrest. It was also submitted that since the contraband seized from the petitioner was a commercial quantity, the rigour under section 37 of NDPS Act will apply and hence petitioner ought not

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