IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1759 of 2010 CRIME NO.11 OF 2009 OF EXCISE ENFORCEMENT AND ANTI- NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM. PETITIONER/ACCUSED (IN CUSTODY) --------------------------------------------------- KUMAR, S/O.THANKAPPAN, PUTHUVAL PUTHEN VEEDU, KACHARI, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1759 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 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.11 of 2009 of Excise Enforcement and Anti-Narcotic Special Squad, Thiruvananthapuram. 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 26.12.2009, the petitioner was found in possession of 2 kgs. of ganja. He was arrested on 26.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in another case of similar nature in the year 2004. 5. Since the quantity of ganja is not a commercial quantity, the bar under Section 37(1)(b)(ii) of the NDPS Act will not apply. B.A. NO. 1759 OF 2010 :: 2 :: 6. Taking into account the facts and circumstances of the case, I am inclined to grant bail to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender the passport before the Sessions Court, Thiruvananthapuram within one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect, sworn to by him, shall be filed before the Sessions Court, Thiruvananthapuram within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 1759 OF 2010 :: 3 :: e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/