IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SUKRUSAN DIGAL – Appellant
Versus
STATE OF KERALA – Respondent
O R D E R
This is an application seeking regular bail, filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The petitioner is accused No.1 in Crime No.951 of 2024 of Alathur Police Station, Palakkad. The offences alleged against the petitioner and other accused are punishable under Sections 20 (b)(ii) (C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.
3. The prosecution case, in brief, is as follows :- on
29.08.2024 at 5:00 PM, the petitioner, along with the other accused, was found in possession of 23.280 kgs. of ganja for the purpose of sale.
4. The petitioner was arrested and produced before the jurisdictional court on 29.08.2024 and he has been in judicial custody since then.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. The learned counsel for the petitioner seeks regular bail on the following grounds :-
a) The grounds of arrest were not properly communicated as required under Article 22(1) of the Constitution of India and Sections 47 and 48 of the BNSS .
b) The presence of the petitioner is highly required in his family house as his 11 year old child is suffering from Acute Lymphoblasti
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