19/2018.
After investigation, charge sheet was filed on 17th April, 2019.
The case of prosecution is that on 25 th October, 2018 at about 5.45 PM at Aristo Junction, Thiruvananthapuram, accused respondent ShajimonA1 along with two other persons including A3 Rajesh were found to be in possession of 1.800 kg of hashish oil.
The allegation against the accused respondent A5 was that he entrusted hashish oil to A1 through A2 for sale in the International market and Crime No.
Both the accused respondents A1 and A3 filed their respective postarrest bail application before the Sessions Judge, Thiruvananthapuram which came to be dismissed after assigning companyent reasons under Order dated 21st February, 2019 and both of them preferred their bail application before the High Court.
On an application filed for postarrest bail by accused respondent A5 , learned Additional Sessions Judge while numbericing the mandate of Section 37 1 b i and ii of the NDPS Act observed that there was a prima facie material to presume that the accused companymitted the offence punishable under Section 20 b ii c and Section 29 of the NDPS Act and rejected the application for post arrest bail vide order dated 21st February, 2019 which came to be challenged at the instance of the accused respondent filing bail application before the High Court.
14/2018 A1 to A4 since have been released on bail, granted him postarrest bail under the order impugned dated 10th May, 2019 which is a subject matter of appeal before us.
13,50,000/. The Circle Inspector of Excise, Thiruvananthapuram arrested all of three accused A1 to A3 and seized the hashish oil, money and the vehicles which were used by them for transporting oil.
14/2018 The prosecution case is that on 25 th May, 2018 at 5.30 p.m. in the parking area of the Hotel Aquarock situated at Mannanthala, accused A1 to A3 were found to be in joint possession of 10.202 kgs of hashish oil and currency numberes worth Rs.
Facts of Crime No.
Ajay Rastogi, J. Leave granted.
The appellantprosecution has challenged the discretion exercised by the learned Single Judge of the High Court of Kerala in granting postarrest bail to the accused respondents without numbericing the mandate of Section 37 1 b ii of the Narcotic Drugs and Signature Not Verified Psychotropic Substances Act, 1985 hereinafter being referred to as Digitally signed by SUSHMA KUMARI BAJAJ Date 2020.01.24 161751 IST Reason NDPS Act under the order impugned dated 10 th May, 2019 followed with 12th June, 2019 rejecting the application filed by the appellant under Section 482 of the Code of Criminal Procedure hereinafter being referred to as CrPC for recalling the order of postarrest bail dated 10th May, 2019.
14/2018 was registered against him for the offences punishable under Sections 20 b ii c and Section 29 of the NDPS Act and after investigation, chargesheet was filed on 10th May, 2019.
