IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6736 of 2009() --------------------------------------- CRMP.4679/2009 of DISTRICT COURT, THRISSUR C.R. NO.1/2009 OF WADAKKANCHERY EXCISE RANGE, THRISSUR .................... PETITIONER/ACCUSED: ------------------------------------ ROOP SINGH JUGRAJ, S/O.JUGARAJ, MAHARANI TEXTILES, K.K. ROAD, THEKKADY JUNCTION, THEKKADI. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6736 of 2009 ------------------------------------ Dated this the 23rd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.1/2009 of Wadakkanchery Excise Range, Thrissur. 2. The offence alleged against the petitioner is under Section 18(C) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 7/10/2009, the petitioner was found in possession of 930gms of Opium. The petitioner was arrested on the same date. 4. The petitioner moved for bail before the Sessions Court, Thrissur. The learned Sessions Judge dismissed that application by the order dated 3/11/2009. The main reason for dismissal of the application for bail is that the contraband constitutes commercial quantity. 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that it would amount to commercial quantity only if the quantity of Opium is B.A. No. 6736/2009 2 2.5Kgs and above. That was why the offence under Section 18(C) was alleged against the petitioner. Since the quantity of Opium involved in the case is not of commercial quantity, the bar under Section 37(1)(b)(ii) of the N.D.P.S. Act would not apply. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Sessions Court, Thrissur subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B.A. No. 6736/2009 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The sureties shall produce their title deeds in respect of the immovable properties for perusal by the learned Sessions Judge. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm