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2026 Supreme(Online)(Ker) 4327

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


Advocates:
For the Appellants/Petitioners: SRI.K.SHAJ, SMT.BEENA N.KARTHA, SRI.ARUN CHAND, SHRI.BHARAT VIJAY P., SHRI.KEVIN JAMES, SHRI.AKASH JOSHI, SMT.MINU VITTORRIA PAULSON, SMT.GOPIKA GOPAL, SMT.ARCHANA P.P., SHRI.REN SHIBU, SMT.SHEHROON PATEL A.K., SHRI.ISSAC MELVIN B.O., SHRI.ALVIN JOSEPH
For the Respondents: SMT.SREEJA V., SR. PP

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused in Crime No. 1295/2025 of Kumarakom Police Station, Kottayam District. The offences alleged are punishable under Section 118(1) of the Kerala Police Act , Section s 6 & 24 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade And Commerce, Production, Supply and Distribution) Act, 2003 and Section 77 of the Juvenile Justice Act .

3. The prosecution case, in short, is that the applicant was found in possession of 14295 packets of Hans, a prohibited tobacco product, kept in his rented home, which is owned by Smt. Rahmat, W/o. Safarulla, Chericka louse, Killirorr Kara at Thiruvarppu Village at 6:15 p.m., on 29/11/2025. It is further alleged that the applicant has kept the same for distribution among school children. The de- facto complainant, with bonafide belief that the applicant has kept tobacco product in his house at Ambakuzhi Bhagom, Thiruvarpu Village conducted a search in the house and seized 19374 packets of Hans and 2816 packets of cool lips and Rs.

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