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SIDDIQUE, S/O.MUHAMMED versus THE STATE OF KERALA

High Court of Kerala

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SIDDIQUE, S/O.MUHAMMED v. THE STATE OF KERALA - Bail Appl No. 524 of 2007 [2007] RD-KL 2410 (1 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 524 of 2007()

1. SIDDIQUE, S/O.MUHAMMED
... Petitioner

2. ABDUL MAJEED, S/O. ALAVI

Vs

1. THE STATE OF KERALA
... Respondent

For Petitioner :SRI.BABU S. NAIR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :01/02/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 524 OF 2007 A ````````````````````````````````````````````````````

Dated this the 1st day of February, 2007

O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1 and 2 in Crime No.12/2007 of Malappuram Police Station for offences punishable under Secs.20(b)(ii)B of the N.D.P.S. Act for allegedly having been found transporting 5.850 Kgs of Ganga in a car belonging to the 2nd accused and who were arrested on 4.1.2007, seek their enlargement on bail.

2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

3. It is too early to accept the contention that the first petitioner, who is having 70% locomotor disability, could not have carried the narcotic drug as alleged.

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 petitioners on bail. This Application is accordingly dismissed.

(V. RAMKUMAR, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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