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2023 Supreme(Ker) 363

A. BADHARUDEEN
Jeby James – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.P.Udayabhanu, Navaneeth.N.Nath, Rassal Janardhanan A., Abhishek M. Kunnathu, Boban Palat, P.U.Pratheesh Kumar, P.R.Ajay
For the Respondent: Sri.G.Sudheer, Public Prosecutor

ORDER :

This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C' for short), challenging order in Crl.M.P.No.482 of 2022 in S.C(NDPS) 78/2021 in Crime No.392 of 2021 of Kanjirappally Police Station, dated 06.08.2022. The petitioner herein is the 2nd accused in the above crime. The respondent is State of Kerala.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. Short facts:

The petitioner herein, who is arrayed as accused No.2 in S.C(NDPS) 78/2021, arising out of Crime No.392 of 2021 of Kanjirappally Police Station, alleged to have committed offences punishable under Section 20(b)(ii) B, C, 22(a)(b) and 29 of the NDPS Act. He was nabbed by the police on 22.04.2022 and thereafter released on statutory bail, since the prosecution failed to file final report within the statutory period, as per Annexure-1. While granting statutory bail, one among the conditions was:

    “The accused/petitioners shall not get involved in similar offences during the currency of the bail.”

4. Subsequently on 15.04.2022, Thrikkodithanam Police recovered 9.100 kgs of dried ganja from the possession of the petitioner along with other 2 accuse

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