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2019 Supreme(Online)(KER) 15779

HIGH COURT OF KERALA
GAFOOR – Appellant
Versus
STATE OF KERALA – Respondent


Petitioners are the accused in Crime No.21/2018 of Excise Circle

Office, Neyyattinkara, now pending as SC No.428/2019 of the Additional

Sessions Court, Thiruvananthapuram.

2. The allegation of the prosecution is that on 13/8/2018, at about

2.15 a.m., 20 kgs of ganga was seized from the possession of the first

and second accused. Pursuant to further information revealed by

them, 5 kgs of ganga was seized from the possession of the 3rd and 4th

accused. Alleging that the accused have thereby committed offence

punishable under section 20(b)(ii)(C) of the NDPS Act, crime was

registered. Petitioners are in custody since 13/8/2018. They seek bail.

2. The learned counsel for the petitioners contended that the

Detecting Officer was the CI of Excise Circle, Neyyattinkara.

Investigation was taken over by the CI of Excise, Excise Enforcement

and Anti Narcotic Special Squad, Thiruvananthapuram, He completed

the investigation and laid the final report. The contention of the learned

counsel for the petitioners was that the above officer was not legally

competent to conduct the investigation and to lay the final report.

According to the petitioners, CI of Excise, Excise Enfo

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