IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 4791 of 2009() ----------------------------- O.R.NO.1/2009 OF D.R.I, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- BENOY K.JOSEPH @ MUHAMMED IQBAL, S/O.JOSEPH, KODIYAMKUNNUMMLA HOUSE, KARAKUNNU P.O., THODUPUZHA, IDUKKI DISTRICT, PRESENTLY RESIDING AT DOOR NO.3/526, MARATHANI, PADAPPANKUNNU, THRIKKALANGODE, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE DIRECTORATE OF REVENUE INTELLIGENCE, KOZHIKODE, REPRESENTED BY ITS INTELLIGENCE OFFICER, THROUGH THE STANDING COUNSEL, D.R.I., HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. ADV. SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4791 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 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.1 of 2009 of the DRI, Kozhikode. 2. The offence alleged against the petitioner is under Section 20, 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 1.4.2009, the petitioner was found in possession of 6080 gms. of Hashish oil and 533 gms. of Charas near Jaseela Tourist Home at Manjeri. On a subsequent search at his residence, a quantity of 20 kgms. of ganja was also seized. The petitioner moved for bail before the Special Judge (NDPS Act Cases), Vadakara. That application was dismissed by the order dated 16th July 2009. The quantity of hashish oil, charas and ganja involved in the case is admittedly commercial quantity. Therefore, Section 37(b) of the NDPS Act would get attracted. BA No.4791/2009 2 4. The application is vehemently opposed by the Public Prosecutor. He also pointed out that the petitioner is involved in Crime No.134 of 2004 of Agali Police Station where the offence alleged was that the petitioner was found in possession of 7.750 kgms. of ganja. In that case, the petitioner was granted bail. According to the prosecution, the present crime was committed while the petitioner was on bail in Crime No.134 of 2004. 5. Therefore, there cannot be any ground to believe that the petitioner is not likely to commit any offence while on bail, as provided in clause (ii) of clause (b) of Sub Section (1) of Section 37 of the NDPS Act. It cannot also be said that there are no reasonable grounds for believing that the petitioner is not guilty of the offence alleged. The mere fact that the petitioner is in judicial custody since 1.4.2009 is not a ground to release the petitioner in view of the specific bar under Section 37 of the NDPS Act. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl