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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BASHEER .A.M. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding arrest for ndps. (Para 2 , 6) |
| 2. court observations on constitutional requirements for arrest. (Para 4 , 7 , 9 , 10 , 11 , 13) |
| 3. arguments on legality of arrest and requirements. (Para 5 , 8) |
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 No.3 in Crime No.28/2025 of Excise Range OfÏce, Mananthavady, Wayanad District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’ for short).
3. The prosecution case, in short, is that on
19.03.2025 at about 07.05 a.m., the accused Nos.1 and 2 were found in possession and transporting 6.987 gms of MDMA while travelling in the KIA Carens Car bearing Reg.No.KL-01-CY-6215 at Tholpetty Excise Checkpost, Thirunelveli VIllage, Mananthavady Taluk, in contravention of the provisions of the NDPS Act. The Investigating ofÏcer, after taking the custody of the accused Nos.1 and 2 had seized 285 gms of MDMA from the vehicle. It is alleged that accused Nos.1 to 3 had purchased 300 gms of MDMA for an a
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