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2025 Supreme(Online)(Ker) 26535

IN THE HIGH COURT OF KERALA AT ERNAKULAM
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ISMAIL. M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: P.P. Harris
For the Respondents: K.A. Noushad

ORDER

This is an application seeking regular bail filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Petitioner is the first accused in Crime No.19 of 2024 on the files of Excise Enforcement and Anti Narcotic Special Squad, Kozhikode registered alleging offences punishable under sections 22(c), 27A and section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

3. According to the prosecution, on 04.07.2024, the accused was found in possession of 981.0999 grams of MDMA at the Kozhikode Railway Station and thereby the accused committed the offences alleged. Petitioner was arrested on 04.07.2024 itself and he has been in custody since then.

4. Sri. P.P. Harris, the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the petitioner is innocent. It was also submitted that since he has been in custody from the date of arrest, the long period of detention already undergone by him is itself sufficient to direct his release on bail. It was further submitted that, in any event, the grounds of arrest has not been communicated to him, as required by law and therefore petitioner's

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