IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Bail Appl..No. 4197 of 2008() ----------------------------- CRL.M.P.NO.1620/2008 IN SC.925/2008 OF SESSIONS COURT,TRIVANDRUM .................... PETITIONER : ACCUSED ----------------- AHAMMED ABDULLA, AGED 38 YEARS, S/O.ABDULLA MALDIVES NATIONAL R/O.VILEYOMURI, KASTHORRI MAGU, MALDIVES BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT: ------------- NARCOTIC CONTROL BUREAU, REP. BY SPECIAL PUBLIC PROSECUTOR, ERNAKULAM BY ADV. SRI.C.P.UDAYABHANU FOR R1 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4197 of 2008 --------------------------------------- Dated this the 10th day of July, 2008 O R D E R This petition is for bail. 2. According to the prosecution, the petitioner was found in possession of 400 gm. of heroine on 22.10.2007 in front of a hotel and he was apprehended by the officials of Narcotic Control Bureau. A2 and A3 allegedly came in a motor bike and handed over the contraband article to A1 and at that time they were apprehended and article was seized. 3. This petition is opposed. According to the learned standing counsel for the respondent, the quantity involved is commercial quantity and hence, Section 37 is applicable. The petitioner is a national belonging to Mali, it is submitted. 4. Learned counsel for the petitioner submitted that though as per the report of the chemical analyst, presence of heroine is detected, it is not stated, how much percentage of heroine was present in the article and hence, it cannot be conclusively said that the article is 100% heroine and hence, it BA No.4197/2008 2 does not come under Section 37 of the NDPS Act. 5. On hearing both sides, it appears that the article is prima-facie proved to be heroine by the report of the chemical analyst. The article therefore, being commercial quantity, Section 37 will apply. But petitioner is not able to establish that the twin conditions under Section 37 are in favour of him. Hence, bail cannot be granted. 6. However, the petitioner is at liberty to move the trial court for expeditious disposal of the case. In case, any petition is filed for this purpose, it shall be considered by the trial court and appropriate orders will be passed by it, in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl