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2025 Supreme(Online)(Ker) 49803

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL, SMT.S.SURAJA, SHRI.MUHAMMED SUHAIR C.A, SHRI.ABHILASH C.V.
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. Petitioners are accused 1 and 2 in Crime No. 458 of 2025 of Hemambika Nagar Police Station, Palakkad, registered for the offences punishable under Sections 20 (b)(ii)C and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. According to the prosecution, on 06.07.2025 the accused was found in possession of 28.763 kilograms of ganja, and thereby committed the offences alleged. Petitioners were arrested on 06.07.2025, and they have been in custody since then.

4. The learned counsel for the petitioners submitted that petitioners have been in custody since 06.07.2025. It was submitted that the grounds for arrest were not communicated to the petitioners or their relatives at the time of their arrest.

5. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioners at the time of their arrest. It was also submitted that since the contraband seized from the petitioners was a commercial quantity, the rigour under section 37 of NDPS Act will apply and hence petitioners ough

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