JUDGMENT

Ajay Rastogi, J.

1. Leave granted.

2. The appellant­prosecution has challenged the discretion exercised by the learned Single Judge of the High Court of Kerala in granting post­arrest bail to the accused respondents without noticing the mandate of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter being referred to as “NDPS Act”) under the order impugned dated 10th May, 2019 followed with 12th June, 2019 rejecting the application filed by the appellant under Section 482 of the Code of Criminal Procedure(hereinafter being referred to as “CrPC”) for recalling the order of post­arrest bail dated 10th May, 2019.

3. It may be noticed that accused respondent Shajimon is (A­5) in Crime No. 14/2018 and (A­1) in Crime No. 19/2018 and another accused respondent Rajesh is (A­3) in Crime No. 19/2018.

Facts of Crime No. 14/2018

4. The prosecution case is that on 25th May, 2018 at 5.30 p.m. in the parking area of the Hotel Aquarock situated at Mannanthala, accused A­1 to A­3 were found to be in joint possession of 10.202 kgs of hashish oil and currency notes worth Rs. 13,50,000/­. The Circle Inspector of Excise, Thiruvananthapuram arrested all of t