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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Shyju M V – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. nature of case and charges under the ndps act. (Para 1 , 2) |
| 2. adjudication of bail plea balancing fundamental rights and statutory ndps act restrictions. (Para 4 , 5 , 6 , 7) |
| 3. final determination based on criminal antecedents and gravity of the offence. (Para 8) |
ORDER
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking regular bail.
2. The applicant is the accused No.4 in Crime No.1000/2023 of Perinthalmanna Police Station, Malappuram District. The offences alleged are punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). The case is now pending as SC No.450/2024 before the Special Court for SC/ST(POA) Act and NDPS Act cases, Manjeri.
3. The prosecution case, in short, is that on
11.07.2023 at about 2.30 pm, the accused Nos. 1 and 2 were found in possession of 165.9 kg of ganja, which is stated to have been supplied to them by the accused No.3. The applicant facilitated the purchase of the contraband and thereby committed the offences.
4. I have heard Adv. P.L.Mary Treasa, the learned counsel for the applicant and Sri. M.C. Ashi, the learned Se
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