IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 9793 of 2011() ----------------------------- CRMP.2709/2011 of DIST & SESSIONS COURT, ALAPPUZHA NDPS CRIME NO.1 OF 2011 OF KARTHIKAPPALLY EXCISE RANGE OFFICE, ALAPPUZHA DT. .................... PETITIONER: -------------------- P.R.VIBHU,SON OF LATE RADHAKRISHNAN NAIR AKSHARA,KARUVATTA NORTH P.O,KARUVATTA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM 682 031. 2. THE EXCISE RANGE INSPECTOR, KARTHIKAPPALLY, ALAPPUZHA DISTRICT 690 516. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9793 OF 2011 --------------------------------- Dated this the 13th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in NDPS Crime No.1 of 2011 of Karthikappally Excise Range Office, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Pshycotropic Substances Act. 3.The prosecution case is that on 2.7.2011, at 6 P.M, 720 ampules of Buprenorphine, 76 ampules of Diacepam and 120 ampules of Phenorgan were seized from the residence of accused Nos.1 and 2. The prosecution case is that the aforesaid pshycotropic substances were supplied by accused No.3. Accused No.3 was arrested on 1.9.2011 and he was B.A.No. 9793 OF 2011 2 remanded to judicial custody. 4. The Bail Application is vehemently opposed by the learned Public Prosecutor. 5. Section 37(1)(ii) of the Narcotic Drugs and Pshycotropic Substances Act provides that in cases involving commercial quantity of the contraband, if the Public Prosecutor opposes the Bail Application, bail can be granted to the accused only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence, and that he is not likely to commit any offence while on bail. There is no ground to believe that the accused is not guilty of the offence alleged against him. The learned Public Prosecutor submitted that the petitioner is involved in two other cases in which the offences under the Narcotic Drugs and Pshycotropic Substances Act are alleged. In these circumstances, it cannot be believed that the petitioner will not commit any offence while on bail. B.A.No. 9793 OF 2011 3 For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms