IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH JUNE 2011/19TH JYAISHTA 1933 Bail Appl..No. 3299 of 2011() ------------------------ CRIME NO. 140 OF 2011 OF PANANGAD POLICE STATION PETITIONER/IST ACCUSED --------------------- BINU, AGED 36 YEARS, S/O.NARAYANAN, KETTEZHATH HOUSE, NETTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.D.ROBIN RESPONDENT(S): --------------- STATE OF KERALA, REP.BY S.I.OF POLICE, PANANGAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON 09-06-2011 PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Bail Application No. 3299 of 2011 -------------------------------- DATED: 9-06-2011 O R D E R In this Petition filed under Sec. Cr.P.C. the petitioner who is the first accused in Crime No. 140 of 2011 of Panangad Police Station for an offence punishable under Sec. 22 (c ) of the N.D.P.S. Act read with Sec. 34 I.P.C.. seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. The petitioner was found in possession of 842 ampules buprenorphine injection and 140 ampules of diazepam injection besides other substances. The contention of the petitioner that the pure drug content in the ampules of buprenorphine and diazepam injection alone is liable to be reckoned for the purpose of deciding whether the quantity involved is small quantity or commercial quantity and that so reckoned the ampules seized from him are within small quantity and therefore the rigour under Sec. 37 of the N.D.P.S. act is not attracted, has been rejected by this Court by B.A.No.3299 of 2011 2 dismissing Writ Petition (C) NO. 12918 of 2011 filed by him challenging Note - 4 inserted by the Central Government at the foot of the Notification dated 19-10-2001. Hence, the quantity involved in this case is commercial quantity attracting Sec. 37 of the N.D.P.S. Act. 4. I am not satisfied that both the grounds enumerated under sec.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 9th day of June, 2011. V.RAMKUMAR, JUDGE. ani