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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bech u Kurian Thomas, J
Noushad.K. – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. intro and basic facts of the case. (Para 1 , 2) |
| 2. arguments and procedural grounds in bail context. (Para 3 , 4 , 5) |
| 3. legal standards on grounds for arrest and ndps considerations. (Para 6 , 7 , 8 , 9) |
| 4. judicial reasoning on non-communication of arrest grounds and its impact on bail. (Para 10 , 11) |
| 5. order granting bail with conditions. (Para 12) |
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the first accused in Crime No.93/2024 of Excise Range OfÏce, Ernakulam; registered for the offences punishable under Sections 20 (b) (ii)(C), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that, on 26.11.2024 accused were found in possession of 4.430 grams of MDMA and 14 grams of ganja, and thereby committed the offences alleged. Petitioner was arrested on 26.11.2024 and he has been in custody since then.
4. Heard Sri.P.Mohamed Sabah, the learned counsel for the petitioner, as well as Sri.Prasanth M.P., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has be
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