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2025 Supreme(Online)(Ker) 43485

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bech u Kurian Thomas, J
Noushad.K. – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R. Gayathri, M. Mahin Hamza, Alwin Joseph, Benson Ambrose
For the Respondents: Prasanth M.P.

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 been in custody since 26.11.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.

6. 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 contr

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