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Judgment
12 paragraphs · 224 wordsK.Haripal, J
Petitioners are the accused in Crime No. 40 of 2021 of Excise Enforcement and Anti Narcotics Special Squad in Palakkad district. The crime was
registered on 22.04.2021 alleging offences punishable under Sections 20(b),(ii)(c) and 63 of the Narcotics Drugs and Psychotropic Substances Act,
after hauling 757.455 kilograms of ganja in a lorry bearing registration No. KA-01-D-9752. The vehicle was intercepted near the bus waiting shed at
Walayar. The 1st petitioner was the driver of the vehicle and others were the passengers of the lorry.
I heard the learned counsel on both sides.
The learned counsel for the petitioners submits that, they are in custody for the last 106 days and that, investigation is practically over.
The learned Public Prosecutor has strongly opposed the application.
The crime deals with one of the biggest ganja hauls in Kerala involving 757.455 kilograms of ganja, which was seized from a lorry. The petitioner
was the driver and others were the passengers of the lorry. So long as the learned Public Prosecutor has strongly opposed the application and since
there are no materials to say at this stage that the petitioners are not guilty, the embargo under Section 37 comes into play. Hence, the petitioners are
not entitled to be released on bail and the application is liable to be dismissed. Dismissed.