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Judgment
12 paragraphs · 216 wordsK.Haripal, J
The petitioner is the 2nd accused in Crime No.645/2020 of Kaduthuruthy Police Station, which was registered on 17.6.2020, alleging offence under
Section 20(b)(ii)C, 25, 29 and 27A of NDPS Act.
The precise allegations against the petitioner and four others are that, they had illegally procured 59.50 kg of 'ganja'. The specific allegation against
the petitioner is that, he was the carrier of the contraband and was arrested on 17.6.2020 and is in custody.
Learned counsel for the petitioner submits that, he is in custody for more than one year and the investigation is over and he is prepared to abide by
any condition imposed by this court.
The learned Public Prosecutor submits that, another NDPS case to his credit was registered in 2018 and final report has already been laid.
The case involves 59.50 kg of 'ganga', which is a commercial quantity. Therefore, the embargo under Section 37 of the NDPS Act is attracted.
Learned Public Prosecutor strongly opposes the application. Even though, the final report has been laid, there are prima facie reasons to assume the
involvement of the petitioner in the commission of the crime. Moreover, considering the antecedents, it is not advisable to release him on bail. The
application is devoid of merit and is dismissed.