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2025 Supreme(Online)(Ker) 57694

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
ABDUL SALAM ABDUL MOHSEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.PREEJA V.P., SRI.V.P.PRASANTH
For the Respondents: SMT. M.K.PUSHPALATHA, SR.PP

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the 3rd accused in Crime No.152/2025 of Excise Range Office, Muvattupuzha, Ernakulam; 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 04.11.2025, the accused was found in possession of 5.683 grams of MDMA and thereby committed the offences alleged. Petitioner was arrested on 04.11.2025 and he has been in custody since then.

4. Heard the learned Counsel for the petitioner as well as 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

04.11.2025, 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 5.683 grams falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act

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