IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 172 of 2010() ------------------------------- CRIME NO. 2/2009 OF KILIMANOOR EXCISE RANGE .................... PETITIONER/ACCUSED : --------------------------- ABDUL SHAKKOOR AGED 65 YEARS, S/O.SHAHUL HAMEED, THOTTATHIL PUTHENVEEDU, PALLICKAL-CHIRAYINKEEZHU, THIRUVNANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------------------- STATE OF EKRALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (NDPS CRIME NO.2/2009 OF KILIMANOOR EXCISE RANGE) BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 172 of 2010 ------------------------------------ Dated this the 18th day of January, 2010 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 Crime No. 2/2009 of Kilimanoor Excise Range. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 09.12.2009, the petitioner was found transporting a quantity of 16 Kgs of ganja. He was arrested on 09.12.2009. The petitioner is in judicial custody. 4. The learned Public Prosecutor opposed the Bail Application. 5. Taking into account the fats and circumstances of the case, the nature and gravity of the offence, the quantity of ganja involved and also taking into account the fact that the investigation is not over, I am of the view that it is not proper to grant bail to the petitioner at this stage, though the bar under Section 37(1)(b)(ii) of the Act will not apply. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln