IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3433 of 2008() ----------------------------- CRIME NON. 1/2008 OF THE TIRUR EXCISE RANGE PETITIONER: ACCUSED NO.4 ----------------------------- NAVAS SHERIF, S/O.USMAN EENTHANKUZHIYIL HOUSE, KARAKUNNU, AMAYOOR MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, TIRUR EXCISE RANGE - THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3433 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R Application for bail. 2. The alleged offence is under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to the prosecution, on 8-5-2008 the petitioner, who is the 4th accused, was found driving an autorickshaw, in which other accused were travelling and the Excise party showed signal to stop the autorickshaw, but the petitioner did not stop the autorickshaw. The vehicle was chased and it was stopped. The petitioner and others were arrested from the spot. From the possession of passengers 3.7 k.gms. of ganja were recovered. The petitioner is in custody since 8-5-2008. 3. This application is opposed. Learned Public Prosecutor submitted that the petitioner is clearly involved in the offence as evident from his conduct itself. It is submitted that the investigation is at the preliminary stage and the article involved is a huge quantity, the source of which has to be traced out. The detention of the petitioner is essential for finding out the source. BA 3433/08 -2- 4. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made and there is nothing to show that the petitioner is actually participated. On hearing both sides I am satisfied that the release of the petitioner at this stage may peril the investigation in finding out the source of the article, which is more than the small quantity though less than the commercial quantity. It is submitted that the rigor under section 37 of the Narcotic Drugs and Psychotropic Substances Act is not applicable still. I am satisfied that it is not fit to grant bail at this stage. The application is dismissed. K. HEMA, JUDGE. mn.