IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5426 of 2011() ----------------------------- O.R.NO.1 OF 2010 OF THE DIRECTOR OF REVENUE INTELLIGENCE COCHIN PETITIONER (S): 1ST ACCUSED ---------------------------------- K.B.BIJU, S/O.BALAN, RESIDING AT KALATHIL HOUSE, PUZHAMUDI.P.O., KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.A.V.JAMES RESPONDENT(S): COMPLAINANT -------------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP BY THE DIRECTOR OF REVENUE INTELLIGENCE, COCHIN IN OR 1/2010. PUBLIC PROSECUTOR SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5426 of 2011 --------------------------- Dated this the 12th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in O.R.No.1 of 2010 on the file of the Director of Revenue Intelligence, Cochin. 2. The offence alleged against the petitioner is under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case is that on 15.10.2010, the petitioner was found in possession of 1443 ampules of Buprenorphine injection under different trade names. This amounts to commercial quantity within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 15.10.2010 and he was remanded to judicial custody. BA 5426/2011 2 4. The application is opposed by the Special Public Prosecutor appearing for the respondent. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 provides that where the Public Prosecutor opposes the application, no bail can be granted unless the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. It is submitted that the petitioner is involved in five cases of similar nature. Therefore, there is no ground for believing that the petitioner is not likely to commit any such offence while on bail. There is also no reasonable ground for believing that the petitioner/accused is not guilty. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl