IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5365 of 2009() ----------------------------- AGAINST THE ORDER DATED 28/07/2009 IN CRMP.130 & 132/09 IN CRMP.131/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.6/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM. .................... PETITIONER/2ND ACCUSED: ----------------------------------------- GANJAI AMARAN,S/O. G. KRISHNAMOORTHI HOUSE NO.81/A,NEEAMPERUR, CHOOLOOR, COIMBATORE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5365 of 2009 ------------------------------------ Dated this the 30th day of September, 2009 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.2 in Crime No.6/2009 of Excise Enforcement and Anti Narcotic Special Squad, Kottayam. 2. The offences alleged against the petitioner are under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. A quantity of 1 Kg of Brown Sugar is involved in the case, which is a commercial quantity. It is submitted by the learned Public Prosecutor that after recording the confession statement of the first accused, another quantity of 2.700 grams of Brown Sugar was also seized from the tool box of a motor bike kept in the premises of the first accused. 4. The Bail Application is seriously opposed by the learned Public Prosecutor. It is submitted that the investigation is not over and that another person, namely, Venkitesh, is suspected to be involved in the case. B.A. No. 5365/2009 2 5. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act provides that where the Public prosecutor opposes the Bail Application, bail can be granted only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail. From the materials on record, I am not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence. Also, I am not satisfied that the petitioner is not likely to commit any offence while on bail. In these circumstances, the only course open to me is to dismiss the Bail application. Accordingly the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm