IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5491 of 2008() ----------------------------- CRMP.162/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA EXCISE CRIME NO.3/08 OF EXCISE RANGE OFFICE, CHANGANACHERRY PETITIONER/2ND ACCUSED:- ----------------------------------------- DIVANJI P.M. @ MUKIL, S/O MURALI, PARASSERIL HOUSE, PARAL KARA, VAZHAPPALLY VILLAGE, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: ------------- THE EXCISE INSPECTOR, CHANGANACHERRY EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5491 of 2008 ----------------------------------------- Dated this the 3rd September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 20(b)(ii)B of the NDPS Act. According to prosecution, the Excise party conducted a raid and found 4.25 Kg of Ganja in a house. From the possession of the petitioner's father, 200 grams of Ganja were seized. The case is that the petitioner and his father were in joint possession of the contraband article seized from the house. 3. Learned counsel for petitioner submitted that the petitioner is a lorry driver by profession and he is innocent of the allegations made. The house belongs to the father of the petitioner and nothing was seized from the possession of the petitioner. Petitioner was arrested on 29.7.2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that a huge quantity of Ganja is involved in this case. The petitioner as well as his father are in possession of the house. Both are adult members and they are in joint possession of the Ganja seized from the house. Taking into consideration the quantity of Ganja and the nature of the investigation required, this petition is opposed. 5. On hearing both sides, I am satisfied that at this stage there is no material available to exonerate the petitioner from the crime. In the nature of the investigation required, it may not be proper to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.