IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JANUARY 2009 / 2ND POUSHA 1931 Bail Appl..No. 7767 of 2008() ------------------------------------- O.R. NO. 1/2008 OF THE DIRECTORATE OF REVENUE INTELLIGENCE, KOZHIKKODE ................. PETITIONER/ ACCUSED NO.1 : -------------------------------------------- HABEEB RAHMAN, S/O.ABDULLAKUTTY, KOLATHIKKAL HOUSE, VETTUPARA, CHERUVAYOOR, CHEEKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT: COMPLAINANT ----------------------------------- THE UNION OF INDIA, REPRESENTED BY THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVEN UE INTELLIGENCE, KOZHIKODE-THROUGH THE ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY STANDING COUNSEL SRI. C.P. UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON 23/12/2009 PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No.7767 OF 2008 ~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 ORDER This petition is for bail. 2. The alleged offences are under Sections 21 and 23 of the NDPS Act. According to prosecution, the petitioner, who is the first accused, was taken into custody from the house of his friend and he was found in possession of 5 Kg. of heroin. On questioning him, it was revealed that he had kept 6 Kg. of heroin in his uncles's house also. The said heroin was also seized. It is further revealed in investigation that first accused hatched a criminal conspiracy with fourth accused in Rajastan and procured the contraband articles through accused 2 and 3 who brought it into Kerala. Fifth accused is the person, who alegedly financed the accused in procuring the articles. Petitioner had actually brought 10 kg. of heroin from Rajastan, out of which, 6 Kg. is kept in his uncles's house and 4 Kg. is allegedly sold to the 7th accused. But, during the investigation nothing could be seized from the 7th accused. 3. The incident was occurred on 23.5.2008, and the petitioner was arrested on 26.3.2008, on his appearance before the officials on notice. The learned counsel for the petitioner submitted that the trial has not yet commenced and petitioner is in custody for the past B.A. No. 7767 of 2008 : 2 : 300 days. Petitioner is a chronic renal patient and he is, even now in the hospital and requires renal surgery. Hence, considering physical stage of the petitioner, bail may be granted, it is submitted. 4. Learned standing counsel for the respondent opposed this bail application and submitted that this is the second application for bail by petitioner. This Court has directed the learned Special Judge to dispose of the case without any delay and the case is scheduled to commence trial on 28.1.2009 onwards. Hence at this stage of proceedings bail may not be granted, it is submitted. It is also submitted that it is likely that the petitioner may abscond and that he is not aware of the physical state of the petitioner. 5. On hearing both sides, I find that, from the materials now placed before the Court, it is not possible to assess the actual seriousness of the physical condition of petitioner. It is also not possible to assess as to how much time will be required for the disposal of case. In such circumstances, petitioner may apply for bail before the trial court, if so advised and in such event the lower court shall consider the contentions on merit and dispose of the same, taking into account, the stage of the case, physical condition of accused and various other relevant facts and circumstances of the case, untrammelled by any of B.A. No. 7767 of 2008 : 3 : the observations made by this Court in earlier application for bail or this application. The petition is disposed of accordingly. (K. HEMA, JUDGE) KMD