IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4392 of 2008(B) ---------------------------------------- CRIME NO.64/2008 OF KOZHIKODE TOWN POLICE STATION APPLICANT/ACCUSED : ---------------------------------- P.ABDUL KHADER, S/O.UMMER, PAIKADAM HOUSE, VETTIKKATTIRI, VELLUVANGAD P.O., MANJERI, MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF KOZHIKODE TOWN POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4392 of 2008 --------------------------------------- Dated this the 23rd day of July, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 18(b) of NDPS Act. According to the prosecution, the petitioner was found in possession of 6 kg. of opium. He was arrested and he is in custody from 2.3.2008 onwards for the past 142 days. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent and his daughter's marriage is fixed on 27.7.2008. The earlier application for bail was dismissed, since the learned public prosecutor submitted that source of the article as well as the retailers who are engaged in sale of opium have to be found out and this will take sometime. Sufficient time has elapsed after passing of the order on 29.5.2008 in B.A.No.3283/08 but, even now nothing was traced out, it is submitted. Therefore, there is no bonafides in insisting for further detention. Learned counsel for the petitioner also submitted that until the report of the chemical analysis comes, it cannot be said that the article seized is opium, since the required BA No.4392/08 2 percentage of morphine can be detected only by chemical analysis. 4. This petition is opposed. Learned public prosecutor submitted that the Investigating Officer have sufficient time to investigate and statutory period is six months, under Section 167 (2) Crl.P.C. read with Section 36(A) (iv) of NDPS Act. The investigation is going on to detect the source. The officials themselves can identify the nature of the article involved though it has to be confirmed by the chemical analysis. But, that cannot be made a ground to allow the prayer. 5. On hearing both sides, I find that it will not be proper to grant bail at this stage of investigation, since it may interfere with an effective investigation. 6. However, it is made clear that the jail authorities shall make arrangements without fail, to enable petitioner to participate in the marriage ceremony of his daughter. With these observations, this petition is dismissed. K.HEMA, JUDGE csl