IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5049 of 2011() ----------------------------------------- CRIME NO.583/2011 OF THOPPUMPADI POLICE STATION, ERNAKULAM DISTRICT --------------------------- PETITIONER/ACCUSED NO.2 ------------------------------------------- ABDUL KARIM, S/O.ALI, AGED 38 YEARS, PALAKATTIL HOUSE, THURUTHI, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.C.D.JOHNY SRI.LIFFY.P.FRANCIS RESPONDENT(S): COMPLAINANT ------------------------------------------------- SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, REPRESENTED BY STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No.5049 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the 2nd accused in Crime No.583 of 2011 of the Thoppumpadi Police Station. 2. The offence alleged against the petitioner is under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 13.3.2011 at 4.35 P.M, the petitioner was found transporting 1105 ampules of Buprenorphine under the trade name Lubigesic, 60 ampules of Phenergan, 90 grams of ganja, 8 syringes and 14 needles in a scorpio car bearing reg.No.KL5/C 7023 through Pallichal road at Thoppumpadi. B.A.No.5049 OF 2011 2 4. The Bail Application is opposed by the learned Public Prosecutor. 5. Since the Bail Application is opposed by the learned Public Prosecutor, unless the conditions under Section 37(1)(b) (ii) of the N.D.P.S Act are satisfied, bail cannot be granted. In the present case, the conditions aforesaid have not been satisfied. Therefore, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms