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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED RAIZAL SUBAIR – Appellant
Versus
NARCOTIC CONTROL BUREAU – Respondent
| Table of Content |
|---|
| 1. court's determination on the constitutionality and requirements around grounds of arrest. (Para 4 , 8 , 9 , 10 , 13) |
| 2. legal arguments regarding the arrest process and implications of noncompliance. (Para 5 , 11) |
| 3. final determination of bail application status. (Para 6 , 7) |
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.1 in O.R.
No.08/2025 of Narcotic Control Bureau, Cochin. The offences alleged are punishable under Sections 22 (c), 22(A), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
3. The prosecution case, in short, is that on
07.10.2025 at Kochi International Mail Center, the officers of the NCB, Cochin Zonal Unit seized 0.11 gms of thick multi-coloured design paper believed to be LSD, 0.80 gms of Cocaine and 1.21 gms of MDMA. During the course of investigation, the applicant was summoned and his voluntary statement was recorded. It established his involvement in the trafficking of seized narcotic substance.
4. I have heard Sri.P.M. Rafeek the learned counsel for the applicant an
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