IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 5263 of 2009() -------------------------------------------- CR.2/2009 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CR NO.2/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, IDUKKI. .................... PETITIONER/ACCUSED: -------------------------------------- RAVI,S/O.RAMAR, DOOR NO.23,THANDAL SURULLANDI STREET, MELE GUDALLOOR,THENI DISTRICT,TAMIL NADU. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR 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 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5263 of 2009 ------------------------------------ Dated this the 22nd day of October, 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.2/2009 of Excise Enforcement and Anti Narcotic Special Squad, Idukki.. 2. The offence alleged against the petitioner is under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 10/8/2009, the petitioner was found in possession of 1.30 Kgs of Charass. The contraband involves a commercial quantity. 4. The Bail Application is vehemently opposed by the learned Public Prosecutor. 5. Section 37(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act provides that where the Public Prosecutor opposes the Bail Application, the court must be satisfied, in order to grant bail, that there are reasonable grounds for believing that the accused is not guilty of the offence alleged B.A. No. 5263/2009 2 and that he is not likely to commit any offence while on bail. There is no material to come to the conclusion that there are reasonable grounds for believing that the accused is not guilty. There is also no material to come to the conclusion that the petitioner is not likely to commit any offene, while on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm