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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MAHESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail application and possession of contraband. (Para 2 , 3) |
| 2. court's observations on the requirements and implications of article 22(1) and related statutes. (Para 4 , 8 , 10 , 11 , 12 , 13) |
| 3. arguments regarding the legality of arrest and grounds communication. (Para 5) |
| 4. conclusion on granting bail based on legal findings. (Para 14) |
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 the accused in Crime No. 48 of 2024 of Excise Enforcement and Anti Narcotic Special Squad, Idukki District. The offence alleged is punishable under Section 20 (b)
(ii)C of the NDPS Act.
3. The prosecution case, in short, is that on 31/8/2024 at about 6.10 p.m., the applicant was found in possession of 20.620 kg of dried Ganja at the house bearing No. 469 in Ward No. 7 of Vellathooval Grama Panchayath in contravention of the provisions of the NDPS Act and thereby committed the offence.
4. I have heard Smt.Sreelakshmi Sabu, the learned counsel for the applicant and Sri.K.A. Noushad, the learned Senior Public Prosecutor. Perused the case diary.
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