IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8757 of 2011() ----------------------------- CRMP.2770/2011 of ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM O.R.NO.1/2010 ON THE FILE OF THE DIRECTOR OF REVENUE INTELLIGENCE, COCHIN. PETITIONERS:ACCUSED 1 & 2 : ---------------------------- 1. K.B.BIJU, AGED 32 YEARS, S/O.BALAN, RESIDING AT KALATHIL HOUSE, PUZHAMUDI.P.O., KALPETTA, WAYANAD DISTRICT. 2. ABDUL NAZER, AGED 32 YEARS, S/O.ABDUL RAHIMAN, RESIDING AT PALAKKAL HOUSE, KAIPPANCHERYKUNNU, SULTHAN BATHERY POST, WAYANAD. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENTS:COMPLAINANT: ------------------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR OF REVENUE INTELLIGENCE, COCHIN, REP.BY SPECIAL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SPECIAL PUBLIC PROSECUTOR MR.C.P.UDAYA BHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8757 of 2011 ---------------------------------------------- Dated this the 31st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in O.R.No.1 of 2010 on the file of the Director of Revenue Intelligence, Cochin. 2. The offence alleged against the petitioners is under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case is that on 15/10/2010, the petitioners were found in possession of 1443 ampules of Buprenorphine injection under different trade names. This amounts to commercial quantity within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners were arrested on 15/10/2010 and they were remanded to judicial custody. 4. The first petitioner filed Bail Application No.5426 of 2011, which was dismissed by the order dated 12th July, 2011. 5. The learned counsel for the petitioners submitted that after completing the investigation, complaint was filed and the Bail Appln.No.8757/2011 : 2 : case is now pending as S.C.No.428 of 2011 on the file of the Additional Sessions Court (Ad hoc-I), Ernakulam. 6. The application is opposed by the Special Public Prosecutor appearing for the respondent. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 provides that where the Public Prosecutor opposes the application, no bail can be granted unless 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. The Special Public Prosecutor submitted that accused No.1 is involved in five cases registered at Kalpetta Police Station. The second accused is involved in six cases of similar nature within the jurisdiction of Sulthanbathery Police Station. It is also stated by the Special Public Prosecutor that a detention warrant has been issued against accused No.2 under the Kerala Anti Social Activities (Prevention) Act. Therefore, there is no ground for believing that the petitioners are not likely to commit any such offence while on bail. There is also no reasonable ground for believing that the petitioners/accused are not guilty. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj