IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 3473 of 2010() ----------------------------- AGAINST THE ORDER DATED 21/05/2010 IN 1332/2010 IN CMP.1287/2010 of D.C & SESSIONS COURT,TRIVANDRUM .................... (CRIME NO.4/2010 OF THE VAMANAPURAM EXCISE RANGE PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD) PETITIONER/2ND ACCUSED (IN CUSTODY) ------------------------------------------------------- ABDUL RAHIMAN, S/O.NINA MUHAMMED, ABIDA MANZIL, BEEMAPALLY, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.M.ABDUL RASHEED RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. EXCISE RANGE INSPECTOR, VAMANAPURAM EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3473 OF 2010 -------------------------------- Dated this the 11th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 20(b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act. According to prosecution, petitioner (A2) along with other accused were found in possession of 1.950 Kg. of Ganja on 02/05/2010 and they were arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner was driving an autorickshaw in which first accused was a passenger. Ganja was seized from a bag which was in possession of first accused. Petitioner has absolutely nothing to do with the contraband article seized, it is submitted. He was arrested on 02/05/2010 and he is in custody for the past more than 30 days. 4. This petition is opposed. Learned Public Prosecutor submitted that immediately on arrest it was revealed that both the accused had conspired to keep Ganja in possession and to make retail sale of the same and it is not correct to say that the petitioner has no involvement in the offence. Investigation is in progress and at this stage, he may not be released on bail, it is submitted. B.A No.3473 OF 2010 2 5. On hearing both sides, considering the stage of investigation, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA JUDGE vdv