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2025 Supreme(Online)(Ker) 56968

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: Smt.Sreeja V.

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.933/2025 of Valancherry Police Station, Malappuram; registered for the offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘NDPS Act’].

3. The prosecution case is that, on 16.08.2025, accused Nos.1 and 2 were found in possession of 1.10 grams of MDMA in a car bearing registration No.KL-55/AD-9956 and thereby committed the offences alleged. Petitioner was arrested on 16.08.2025 and he has been in custody since then.

4. Heard Sri.P.Mohamed Sabah, the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that since petitioner has been in custody from

16.08.2025, he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

7. Since the nature of contraband seized is found to be MDMA and the quantity of 1.10 grams falls und

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