IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 Bail Appl..No. 1117 of 2011(D) ------------------------------------------ [CRIME NO.502/2010 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT] ............ PETITIONER/1ST ACCUSED: ----------------------------------------- K.P. MOIDU, S/O. AMMAD MUSALIYAR, AGED 43 YEARS, KULAMULLA PARAMBATH HOUSE, PATHIRAPPATTA.P.O., VATTOLI, KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE DT. - 673 024. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------- Bail Application No. 1117 of 2011 -------------------------------- Dated this the 18th day of February, 2011. O R D E R In this Petition filed under Sec. Cr.P.C. the petitioner who is the first accused in Crime No.502 of 2010 of Vellayil Police Station for an offence punishable under section 21(c) of the N.D.P.S. Act for allegedly having been found in possession of 755 gms. of Brown sugar, seeks bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the heroine seized in this case is 755 gms which is far in excess of the commercial quantity. 3. I am not satisfied that both the grounds enumerated under sec.37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioner. This Application is, accordingly, dismissed. V.RAMKUMAR, JUDGE. rv B.A.No. 2