IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6888 of 2009() ------------------------------------------- CRMP.205/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.824/2009 OF PALA POLICE STATION, KOTTAYAM. .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. SHAJI,S/O.KUNJAJPPAN,KOCHUPARAMBIL HOUSE KANJIRAPPILLY. 2. RANJU,S/O.KUNJUMON, LAHAYIL PUTHENPARAMBIL,LKANJIRAPPILLY. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6888 of 2009 ------------------------------------ Dated this the 2nd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No. 824/2009 of Pala Police Station, Kottayam. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 28/10/2009, the accused persons were found transporting 5.3 Kgs of ganja in a car. On search of the accused, another quantity of 45gms of ganja was found in possession of the first accused. The petitioners were arrested on 28/10/2009 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that the first accused is involved in Crime No.215/2009 of Kanjirappilly Police Station, wherein the offence alleged is under the Narcotic Drugs and Psychotropic Substances Act. 5. The quantity of ganja involved in the present case is B.A. No. 6888/ 2009 2 not a commercial quantity. Therefore, the bar under Section 37(1) (b)(ii) of the Act will not apply. That does not mean that whenever the contraband involved is not that of commercial quantity, the accused is liable to be released on bail. In the present case, quantity of ganja involved is 5.3Kgs. The first accused is involved in a similar case. I do not think that it is proper to release the petitioners on bail at this stage. If the petitioners are released on bail, there is every likelihood of the petitioners involving themselves in similar prejudicial activities. It is also likely that the accused may tamper with the evidence and try to influence or intimidate the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm