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2025 Supreme(Online)(Ker) 57996

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SHAFEEQ K S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.IEANS.C.CHAMAKKALA, SRI.BINU B.SAMUEL, SHRI.AADHAL THANKACHAN
For the Respondents: ADV.SRI.M.C.ASHI

ORDER This is an application seeking regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the 1st accused in Crime No.1005/2023 of Kalamassery Police Station. The offences alleged against the petitioner are punishable under Sections 22 (c), 27A and 29(1) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The prosecution allegation is that on

21.05.2023, accused nos. 1 and 2 were found possessing and transporting 284 Grams of MDMA for the purpose of sale in a lorry bearing Reg.No.KL 04 AR 1181, in violation of provisions of the NDPS Act.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations leveled against him. According to the petitioner, no contraband was actually recovered from his possession and he was implicated in this case without any bonafides. The learned counsel further submitted that the requirement of the Articles 22 (1) of the constitution, that the grounds of arrest must be communicated to the arrestee has not been complied with in this case and on the said grounds, the petitioner is liable to be released forth with.

5. Per contra, the learned P

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