IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8425 of 2011() ----------------------------- CRMP.2476/2011 of DISTRICT COURT, PALAKKAD O.R.NO.2 OF 2011 OF DIRECTORATE OF REVENUE INTELLIGENCE (DRI), CALICUT. .................... PETITIONER/ACCUSED --------------------------- HAMSA.P, S/O. KUNHAYAMMU, PALARA HOUSE, ONAPPADAM, KOLATHUR POST, MALAPPURAM. BY ADV. SRI.T.K.SANDEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -31. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8425 OF 2011 --------------------------------- Dated this the 19th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in O.R.No.2 of 2011 of Directorate of Revenue Intelligence(DRI), Calicut. 2.The offences alleged against the petitioner are under Sections 21(c), 28 and 29 of the Narcotic Drugs and Pshycotropic Substances Act. 3.The prosecution case is that on 14.7.2011, while the petitioner alighted at the Olavakkode Railway Station after his journey from Ajmeer, he was intercepted by the officers of the Directorate of Revenue Intelligence, Calicut. On search of the baggage of the petitioner, the officers of the Directorate of Revenue Intelligence found 300 grms. of heroin kept concealed in a cavity of the bag. The petitioner was arrested on 14.7.2011 and B.A.No. 8425 OF 2011 2 he was remanded to judicial custody. 4. The Bail Application is opposed by the learned Public Prosecutor. 5. The quantity of the narcotic drug involved in the case is commercial quantity. Section 37 b(ii) of the Narcotic Drugs and Pshycotropic Substances Act provides that when the Prosecutor opposes the Bail Application, bail can be granted to the accused only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. In the present case, there is no ground to believe that the petitioner is not guilty . There is also no material to arrive at the conclusion that the petitioner is not likely to commit any offence while on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms