IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7673 of 2008() ----------------------------- CRIME NO.9/2008 OF KUNNAKULAM EXCISE RANGE .................... APPLICANT:ACCUSED NO.1 ------------------------------------- RAJEESH, AGED 22 YEARS, S/O.RAJAN POTTANKULANGARA HOUSE CHALISSERY VILLAGE, DESOM OTTAPALAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE EXCISE INSPECTOR KUNNAMKULAM EXCISE RANGE PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7673 of 2008 --------------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b)(ii) (A) & (B) of NDPS Act. According to prosecution, on 18.11.2008, at about 8.30 a.m., petitioner (A1) was intercepted by the Excise Officials and 235 gms. of ganja were seized from his possession. Thereafter, on questioning him, they conducted a search in his father's house and 1025 gms. of ganja were seized from the house. Petitioner's father is implicated as A2 in the crime. A3 was also present at the house and 2035 gms. of ganja were seized from his possession also. 3. Learned counsel for petitioner submitted that petitioner is aged only 22 years and he is not involved in any other case. He is absolutely innocent in this case. In fact, the Excise Officials got information that petitioner's father was in possession of ganja in his house and they immediately rushed to his house. Accused nos. 2 and 3 were arrested from there and ganja was also allegedly seized from their possession. But, later, it was found by Excise Officials that the place of occurrence was not within the limits of Excise Range, which detected the crime. Therefore, with a view to justify the seizure and legalise the same, petitioner, who is the son BA No.7673 /2008 2 of the second accused, was also implicated on false allegation that he was found to carry 235 gms. of ganja. 4. Learned counsel for petitioner also submitted that even if the entire allegations are accepted, as far as the petitioner is concerned, the offence involved is only under Section 20(b)(ii) (A) of NDPS Act which is bailable and the rigor of Section 37 of NDPS Act will not apply, the quantity of ganja being a small quantity. The maximum punishment impossible is imprisonment for six months or with fine which may extent to Rs.10,000/-. Petitioner is arrested and he is in custody from 18.11.2008 onwards. 5. Learned public prosecutor conceded that the offence is bailable. 6. On hearing both sides, I am satisfied that bail can be granted to the petitioner. Hence, bail is granted to the petitioner on his executing bond for Rs.25,000/- with two solvent sureties each to the satisfaction of the Court concerned. The petition is allowed. K.HEMA, JUDGE csl