IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 905 of 2008() ---------------------------- CRIME NO.23/08 OF NADAKKAVU POLICE STATION CRMP.78/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/ACCUSED: ------------------------------------ MANAF, SON OF ABDULLA, PULIKKALKUNNEL HOUSE, KANTHALAD AMSOM, DESOM, THALAYAD P.O., KOYILANDY TALUK. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, NADAKKAVU. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 905 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the N.D.P.S. Act. 6.500 grams of brown sugar was allegedly found in the possession of the petitioner on 17.1.2008. 5 grams is the small quantity prescribed and 250 grams is the commercial quantity prescribed. The quantity which was allegedly found in the possession of the petitioner falls in between the commercial quantity and small quantity. Investigation is in progress. The petitioner was arrested on 17.1.2008 and he continues in custody from that date. 2. The learned counsel for the petitioner prays that the petitioner may be granted regular bail now. According to him the provisions of the N.D.P.S. Act have not been observed scrupulously. Various contentions are raised. I find no merit in those contentions at this state. I am not persuaded to invoke the jurisdiction under Section 439 Cr.P.C. in favour of the petitioner now. B.A.No. 905 of 2008 2 3. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 3.3.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm