IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 326 of 2008() ---------------------------- CRMP.870/2007 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.384/07 OF NADAKKAVU POLICE STATION .................... : PETITIONER/ACCUSED NO.1: ----------------------------------------- V.K. NAZAR, S/O. ABDURAHIMAN, PALAKKAL HOUSE, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.326 of 2008 ------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for regular bail. Petitioner is the 1st accused and he faces allegations in a crime registered under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner has been remaining in custody from 16.11.07. A period of 60 days has already elapsed from the date of arrest. Final report has admittedly not been submitted so far. 264 ampules of Lupegesic Buprenorphine is the article seized. It is conceded that the content of the psychotropic substance in the preparation falls below the small quantity prescribed under the statute. The learned counsel for the petitioner prays that in the light of the later decision of the Division Bench of this Court in Siyad v. State of Kerla [2005 (4) KLT 590], the quantity possessed by the accused persons must be held to be below the small quantity fixed and the petitioner, having remained in custody for a period exceeding 60 days must now, at any rate, may be granted bail. 2. The learned Public Prosecutor submits that in the light of the decision in Siyad (supra), in which following the decision of B.A.No.326 of 2008 2 the Supreme Court in Sajan Abraham v. State of Kerala [2004 (2) KLT 122 (SC), the decision in Shaji v. State of Kerala [2004 (3) KLT 270 has not been followed, the petitioner is entitled to be released on bail now. 3. I am satisfied that subject to appropriate conditions, the petitioner can be granted regular bail. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-