IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 202 of 2008() ---------------------------- CRLMP.3519/2007 of D.C & SESSIONS COURT,TRIVANDRUM CRIME NO.40/07 OF NARCOTIC BUREAU REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM .................... : PETITIONER/3RD ACCUSED --------------------------------------- DAMODAR SHARMA @ MAHESH, S/O.LATE R.J.V.SHARMA, POOJA GARDENS, VANIYETH LANE, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ INTELLIGENCE OFFICER, NCB, REGIONAL INTELLIGENCE UNIT,THIRUVANANTHAPURAM- REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.C.P.UDAYABHANU FOR R1. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.202 of 2008 ---------------------------------------- Dated this the 15th day of January 2008 O R D E R Application for regular bail. The petitioner is the third accused. He, along with the co-accused, faces allegations under the NDPS Act. Accused 1 to 3 were allegedly engaged in the activity of exporting heroin to Mali. They were intercepted. 365 grams of heroin was seized from the possession of the second accused, who had got the same from the third accused and was about to hand over the same to the first accused. The arrest was effected on 22/10/2007. The premises of the third accused/the petitioner herein was searched immediately thereafter and 265 grams of heroin was recovered in the course of such search also. The petitioner was arrested on 22/10/2007. He continues in custody from that date. The quantity exceeds 250 grams which is the commercial quantity prescribed under the NDPS Act. 2. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. The learned Special Public Prosecutor opposes the application. B.A.No.202/08 2 3. In the wake of the opposition by the learned Special Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 37 of the NDPS Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now. 4. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court for bail at later stage of the investigation, not at any rate, prior to 29/01/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.202/08 3 B.A.No.202/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007