IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Bail Appl..No. 7975 of 2010() ----------------------------- (CRIME NO.2/2010 OF THE EXCISE CIRCLE OFFICE, ALUVA, ERNAKULAM) .................... PETITIONER ------------------ VENKIDESH, S/O.SUBRAMANIAN, AGED 24 YEARS, POONCHALA HOUSE SASTHAMPARA PO, IDUKKI DISTRICT. BY ADVS. SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENT: ------------------- THE CIRCLE INSPECTOR OF EXCISE KOTHAMANGALAM, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/12/2010, COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ---------------------- Bail Application No.7975 of 2010 ----------------------------------------------- Dated this the 10th day of December , 2010. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 5th accused in Crime No.2/2010 of Excise Circle Office, Aluva for offences punishable under sections 20(b)(ii)C, 25 and 29 of the N.D.P.S. Act, 1985 for allegedly having been found in possession of 26.650 kgs of ganga, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application. 3. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under sec.41A (b)(ii) of the Abkari Act are present in this case so as to justify his release on bail. With the above observation this Application is dismissed. V.RAMKUMAR, JUDGE. ln