IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6756 of 2011 CRMP.197/2011 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.352 OF 2011 OF ETTUMANNOOR POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED NO.1: -------------------------------------- HARI, S/O.MUKUNDAN, IDAPARAMBIL HOUSE, NEAR SARADAMADAM TEMPLE, KALLARA SOUTH P.O., KOTTAYAM-686611. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6756 OF 2011 ------------------------------------------------------ Dated this the 26th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.352 of 2011 of Ettumanoor Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 22(a)and (c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 11.4.2011, the police seized eleven strips of Diazepam injection ampules having a weight of 100.7 gms and eight strips of Buprenorphine injection IP Lupigesic having a weight of 76 gms. from the possession of the petitioner. The petitioner was arrested on 11.4.2011 and he was remanded to judicial custody. 4. There is no dispute that the quantity of the psychotropic substance involved in the case is a commercial quantity. The Bail BAIL APPL. NO.6756 OF 2011 :: 2 :: Application is seriously opposed by the learned Public Prosecutor. Section 37(1)(b)(ii) of the NDPS Act provides that where the Public Prosecutor opposes the application for bail, no bail shall be granted unless 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. These conditions are not satisfied in the present case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/