IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Bail Appl..No. 2068 of 2011() ----------------------------- AGAINST THE ORDER IN CRMP 2769/2010 IN CRMP.300/2011 of D.C & SESSIONS COURT,TRIVANDRUM CRIME NO.5/2010 OF KAZHAKUTTOM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- GOPALAKRISHNAN, AGED 48 YEARS, S/O.PADMANABHAN, T.C.12/530, PRATHIBHA BAHVAN, MULAVANA, KUNNUKUZHY, VANCHIYOOR VILLAGE, VANCHIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2068 of 2011 ------------------------------------------------ Dated this the 23rd day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.5 of 2010 of Kazhakuttom Excise Range for an offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act for allegedly having been found in possession of 416 Kgs. of ganja, seeks bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the Special Court has further extended the period of his remand for 180 days invoking the power under Section 36(4) of N.D.P.S. Act. 3. I am not satisfied that both the grounds enumerated under Section 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. Dated this the 23rd day of March, 2011. V.RAMKUMAR, JUDGE. skj