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2026 Supreme(Online)(Ker) 3425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHI RAJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW, SRI.VIVEK VENUGOPAL, SRI.BABU JOSE, SRI.GAJENDRA SINGH RAJPUROHIT, SRI.AKHIL GEORGE, SRI.ATHUL POULOSE, SRI.AJITH KUMAR G.
For the Respondents: SRI.K.A.NOUSHAD

O R D E R

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

2. The applicant is accused No.1 in Crime No.1199/2024 of Kalady Police Station, Ernakulam District. The offences alleged are punishable under Sections 8 (c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act) and Sections 111 and 238(b) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that on 28.10.2024, the accused were found in possession of 291.74 grams of MDMA in a car bearing registration No.KL-07/CH-5751 and thereby committed the offences.

4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant has been in custody since 28.10.2024 and the grounds of arrest were not communicated in accordance with law at the time of his arrest. The learned Senior Public Prosecutor on the other hand opposed the bail application and submitted that the grounds of arrest were duly communicated.

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