IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / \1TH KARTHIKA 1931 Bail Appl..No. 6048 of 2009 -------------------------------------- (CRIME NO.2/09 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KANNUR) .................... PETITIONER/ACCUSED: ----------------------------------- ASHOKAN, AGED 55 YEARS,S/O.KANNAN, NALAMBRATH HOUSE,ELAYAVOOR AMSOM, MUNDAYAD DESOM,KANNUR TALUK. BY ADV. SMT.DAISY A.PHILIPOSE. RESPONDENT: ---------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6048 of 2009 ------------------------------------ Dated this the 2nd day of November, 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 Crime No. 2/2009 of Excise Enforcement and Anti-Narcotic Special Squad, Kannur. 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 03.09.2009, the petitioner was found in possession of 7.005 kg of ganja. The petitioner was arrested on the same day and he is in judicial custody since then. 5. It is submitted by the learned Public Prosecutor that the petitioner is involved in another case involving offence under Section N.D.P.S. Act namely, C. C. No. 533/2007 on the file of the Court of Judicial Magistrate of the First Class -I, Kannur. An order dated 21.10.2009 was passed by me for the purpose of making available details in respect of that case. Today, the learned Public Prosecutor submitted that the allegations in C. C. No. 533/2007 is B.A. No. 6048 of 2009 2 that the petitioner was in possession of 50 grams of ganja. The quantity of ganja involved in the present case is of inter mediate quantity. The rigour under Section 37(b) (ii) of the N. D. P. S. Act is not attracted since the quantity involved is not of commercial quantity. The petitioner is in judicial custody since 03.09.2009. It is submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence under the N. D. P. S. Act while on bail in the present case. This undertaking is recorded. 4. Taking into account the facts and circumstanc es of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Special Court for N.D.P.S Cases, Vadakara, subject to the following conditions:- B.A. No. 6048 of 2009 3 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 ln