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SHAFAB, S/O.ABDUL SALAM versus THE STATE OF KERALA

High Court of Kerala

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SHAFAB, S/O.ABDUL SALAM v. THE STATE OF KERALA - Bail Appl No. 133 of 2007 [2007] RD-KL 1002 (12 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 133 of 2007()

1. SHAFAB, S/O.ABDUL SALAM,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.A.CHACKO

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :12/01/2007

O R D E R

V.Ramkumar, J.


========================
B.A.No. 133 of 2007
========================

Dated this the 12th day of January, 2007.

ORDER

Petitioner, who is the second accused in OR No.65 of 2006 of Mukkali Forest Station, Attappadi Range for an offence punishable under Section 20(b)(ii) of the N.D.P.S. Act for allegedly having been found in possession of 3.55 kgs. of ganja on 22.11.2006 in contravention of the prohibition under Section 8(c) of the N.D.P.C. Act, seeks his enlargement on bail.

2. The learned Public Prosecutor opposed the application.

3. It is too early to accept the petitioner's contention that the contraband ganja was actually possessed by the first accused, who is the father-in-law and that he was not in conscious possession of the same.

4. I am not satisfied that both the grounds enumerated under Section 37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify the release of the petitioner. This application is, accordingly, dismissed. V.Ramkumar, Judge. ess 12/1


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