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2026 Supreme(Online)(Ker) 2586

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED KUNHI M.A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VISHNUPRASAD NAIR, SRI.C.PRATHAPACHANDRAN PILLAI
For the Respondents: SMT.M.K.PUSHPALATHA, SR. PP.

Table of Content
1. application details and background. (Para 1 , 2 , 3)
2. arguments presented by the counsel. (Para 4 , 5)
3. court's observation on the legality of the arrest. (Para 6 , 7 , 8)

ORDER

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

2. The applicant is the accused No.2 in Crime No.28/2025 of Mananthavady Police Station, Wayanad District. The offences alleged are punishable under Sections 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act .

3. The prosecution case, in short, is that on 19.03.2025 at about 7:00 am, the applicant along with accused No.1 was found in possession and transporting 6.987 gms of MDMA in a vehicle bearing registration No. KL/01/CY/6215, at Tholpetty Excise check post, Thirunelli Village, Mananthavady Taluk in contravention of the provisions of the NDPS Act and Rules. During the course of investigation, based on the confessional statement of accused No.1, 285 gms of Methamphetamine was recovered from the dickey of the car kept concealed in a secret chamber created for the purpose of concealment of contraband.

4. I have heard Sri. Vishnuprasad N

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