IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 4727 of 2009() ------------------------------------------- CRMP.552/2009 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.479/2009 OF PERINTHALMANNA POLICE STATION, MALAPPURAM. .................... PETITIONER/5TH ACCUSED: ------------------------------------------ SHIBU, S/O.RAJAPPAN, AGED 32 YEARS, MUTTATHUKUNNEL, KAVALAMUKKATT, AMARAMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/ COMPLAINANT & STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682 031. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4727 of 2009 ------------------------------------ Dated this the 16th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.479/2009 of Perinthalmanna Police Station, Malappuram. 2. The offences alleged against the petitioner are under Sections 21(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is as follows: On 28/7/2009, the police got secret information that sale of Narcotic Drugs was being made in a lorry parked near the side of Perinthalmanna-Pandikad road. The police party reached the spot. Accused Nos.1 to 3 were found inside the lorry and accused Nos.4 and 5 were found outside the lorry. A quantity of 485 grams of Brown sugar was found in the possession of the first accused and a quantity of 452 grams of Brown Sugar was found in the possession of the second accused. Accused Nos.3, 4 and 5 were having possession of one gram each of Brown Sugar . The B.A. No. 4727/2009 2 accused persons were arrested on 28/7/2009. The investigation reveals that Brown Sugar was brought from Ujjain and it was intended for sale in Kerala. The packets containing one gram each found in the possession of accused Nos.3, 4 and 5 are sample packets. According to the prosecution, all the accused are involved in the offence in the same way and the offence against them is to be treated as offence involving commercial quantity. It is alleged that the first accused, Abdul Azeez, was convicted for an offence in Saudi Arabia and he was in jail in Jiddah for a period of about two years and he was later deported to India. The second accused Abdu @ Abdul Majeed was involved in a drug case and he was convicted and sentenced by a court in Bombay. The second accused was in jail for about five years. It is alleged that other accused are close associates of accused Nos.1 and 2 and all of them acted for the same object of the sale of large quantity of Brown Sugar. 4. The application for bail submitted by the petitioner was dismissed by the Special Judge (NDPS Act Cases) Vadakara by the order dated 3/8/2009. Section 37(1) (b)(ii) of the NDPS B.A. No. 4727/2009 3 Act provides that where the Public Prosecutor opposes the Bail Application, in order to grant bail, the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offences alleged and that he is not likely to commit any offence while on bail. This Bail application is seriously opposed by the learned Public Prosecutor. 5. On a consideration of facts and circumstances of the case, it cannot be said that there are reasonable grounds for believing that the petitioner is not guilty of the offence. It is also not possible to hold that the petitioner is not likely to commit any offence while on bail. For the aforesaid reasons, I am of the view that the petitioner is not entitled to the grant of bail at present. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm