IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Bail Appl..No. 4229 of 2010() ----------------------------- SC.277/2010 of D.C & SESSIONS COURT,TRIVANDRUM IN CONNECTION WITH O.S NO.228/99 OF AIR INTELLIGENCE UNIT, AIR CUSTOMS, THIRUVANANTHAPURAM) .................... PETITIONER/ACCUSED -------------------------------------- NAVAS @ SHANAVAS, SAJAD MANZIL,S/O.SYED,T.C.35/496, VALLAKKADAVU PO, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- THE SUPERINTENDENT OF CENTRAL EXCISE, CUSTOMS PREVENTIVE AND INTELLIGENCE UNIT, THIRUVANANTHAPURAM,REPRESENTED BY ASSISTANT SOLICITOR GENERAL OF INDIA. ADV. SRI.P.C.IYPE SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4229 OF 2010 -------------------------------- Dated this the 15th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 8 (c) r/w 29 and 79 of the Narcotic Drugs and Psychotropic Substances Act r/w Section 11 of the Customs Act and also under Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act. According to prosecution, on 06/03/1999, first accused was apprehended, while he was proceeding to Mali and he was arrested from the Thiruvananthapuram airport. 168.1 gm of Heroine was seized from his possession. On investigation, it was revealed that petitioner (A2) has given the article to first accused. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 142 days, with effect from the arrest on 23/02/2010. He was arrested in connection with the proceedings under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act(Special Act) on 09/11/2009. Thereafter, the arrest in this case was recorded. First accused in this case was acquitted after trial. The proceedings initiated against petitioner under order passed under the Special Act was set aside by this court. Hence, bail may be granted, it is submitted. B.A No.4229 OF 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that there is sufficient evidence to connect petitioner with the crime. The seizure of some incriminating articles was effected from the petitioner's house also. First accused was acquitted on technical grounds. Petitioner was absconding for a period of about 10 years and he could be arrested only on 09/11/2009, in execution of the detention order passed under the Special Act. If petitioner is released on bail, it is likely that he may abscond. 5. On hearing both sides, considering the gravity of the offence and the chance for absconding, I am not inclined to grant anticipatory bail to the petitioner at this stage. 6. Petitioner may move the trial court for expeditious disposal, if he is so advised. Petition is dismissed. K.HEMA JUDGE vdv