IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1549 of 2010() ----------------------------------- Cr.NO.1/2010 OF THE EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM .................... PETITIONER/1ST ACCUSED : ---------------------------------------- MOHANAN, AGED 45 YEARS, S/O. NARAYANAN, PARAYIL HOUSE, PERIYAR VALI KARA, KEERITHODU, KANJIKUZHI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, MUVATTUPUZHA, (INVESTING OFFICER IN CRIME NO.1/2010), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 011. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1549 of 2010 --------------------------------------------- Dated this the 17th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Cr.No.1 of 2010 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 5.2.2010, the petitioner and another were found in possession of 1.110 kgs. of ganja. The petitioner was arrested on 5.2.2010 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. The quantity of ganja involved is slightly above the small quantity. 5. Since the quantity of ganja involved is not a commercial quantity, the bar under Section 37(1)(b)(ii) of NDPS Act will not apply. 6. Taking into account the fact that the petitioner is in judicial custody since 5.2.2010 and also taking note of the BA No.1549/2010 2 contention that the petitioner is not involved in any other case of similar nature, I am inclined to grant bail to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Ernakulam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl