IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 772 of 2008() ---------------------------- OR NO.2/07 OF NARCOTIC BUREAU REGIONAL INTELLINGENCE UNIT, THIRUVANANTHAPURAM. PETITIONER : 3RD ACCUSED --------------------------- DHAMODAR SHARMA @ MAHESH S/O.LATE R.J.V.SHARMA, POOJA GARDENS VANIYETH LANE, POOJAPURA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ INTELLINGENCE OFFICER, NCB REGIONAL INTELLINGENCE UNIT THIRUVANANTHAPURAM REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR SPECIAL PUBLIC PROSECUTOR FOR NCP SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.772 of 2008 ------------------------------------- Dated this the 14th day of February, 2008 ORDER Second application for regular bail. Petitioner faces allegations under the Narcotic Drugs and Psychotropic Substances Act. He had allegedly handed over 365 grams of heroin to the 2nd accused. It was in the course of that transaction that the officials of the Narcotic Control Bureau allegedly intercepted the petitioner. The petitioner was interrogated. Subsequently 265 grams of heroin was also found in his possession. Altogether there are 3 accused persons. All the accused have been arrested. Investigation is in progress. The petitioner remains in custody from 22.10.07. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The petitioner may now be enlarged on bail, it is prayed. 3. The Special Public Prosecutor for the N.C.B opposes the application. The learned Public Prosecutor submits that the quantity is above the commercial quantity prescribed. The petitioner is a person having criminal antecedents. He is accused B.A.No.772 of 2008 2 in one more similar case already. The petitioner may not be enlarged on bail at this stage, prays the learned Special Public Prosecutor. 4. In the wake of opposition by the learned Special Public Prosecutor, bail in the instant case can be granted to the petitioner only if this Court is in a position to entertain both the satisfactions contemplated under Section 37 of the Narcotic Drugs and Psychotropic Substances Act. At the moment and with the available inputs, I am unable to entertain either of those two satisfactions. It follows that this petition only deserves to be dismissed. 5. This application is, in these circumstances, dismissed. I may hasten to observe that the petitioner shall be at liberty to move the courts below or this Court for bail again at a later stage of the proceedings, not, at any rate, prior to 28.02.2008. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-