STATE OF KERALA Vs. RAJESH

JUDGEMENT

(1.) Leave granted.

(2.) 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 noticing the mandate of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter being referred to as "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.

(3.) It may be noticed that accused respondent Shajimon is (A5) in Crime No. 14/2018 and (A1) in Crime No. 19/2018 and another accused respondent Rajesh is (A3) in Crime No. 19/2018. Facts of Crime No. 14/2018