IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2081 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1677/2008 Dated 17/03/2008 CRMP.193/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.94/08 OF THE NADAKKAVU POLICE STATION .................... PETITIONER : ----------------- KUMARUNNEESA C.V., D/O.AVARAN, AGED 34 YEARS, CHEKRAYAL VALAPPU HOUSE, VELLAYI, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008 ALONG WITH B.A.NO.2084/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos.2081 & 2084 of 2008 ------------------------------------------------- Dated this the 4th day of April, 2008 ORDER Applications for regular bail. The petitioners face allegations under the N.D.P.S. Act. The petitioner in B.A.No. 2081/08 is the mother-in-law of the petitioner in B.A.No.2084/08. The son-in-law was allegedly found to be in possession of 10 grams of brown sugar; whereas the mother- in-law was found to be in possession 6.5 grams of brown sugar - both on 26/2/2008. The husband of the petitioner in B.A.No.2081/08 was found to be in possession of 521 grams of brown sugar on 2/2/08. All of them were arrested on 26/2/08. They continue in custody from that date. The petitioner in B.A.No.2081/08 – a lady, has criminal antecedents. She faced indictment in two other prosecutions – both under the N.D.P.S. Act. Both have ended in conviction, submits the learned B.A. Nos.2081 & 2084 of 2008 -: 2 :- Public Prosecutor, though the learned counsel for the petitioner in B.A.No.2081/08 submits that she is involved in only one case. 5 grams is the minimum quantity prescribed for brown sugar and 250 grams is the commercial quantity prescribed thereof. Investigation is in progress in all the crimes. Final report has not been filed yet. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. In fact, the brown sugar which the Investigator had recovered from some source was falsely alleged to be in the possession of members of the family and they were falsely implicated in these crimes, it is submitted. The learned counsel for the petitioners submits that inasmuch as the quantity does not exceed to the commercial quantity and the petitioners have remained in custody from 26/2/08, the petitioners may now be enlarged on bail. 3. The learned Public Prosecutor opposes the applications. The learned Public Prosecutor submits that considering the gravity of the allegations and also taking note of the organised activity carried on by the members of the same family, this Court may take a strict view and not enlarge the petitioners on bail till the investigation is complete. The Investigator may be given reasonable further time to complete the investigation, prays the B.A. Nos.2081 & 2084 of 2008 -: 3 :- learned Public Prosecutor. 4. I agree with the learned counsel for the petitioners that Sec.37 of the N.D.P.S. Act will not apply. The quantity seized is above the small quantity prescribed and therefore the offences, without any dispute, are non-bailable offences. In a serious crime like this, I agree with the learned Public Prosecutor that the Investigator must be given reasonable further time to complete the investigation. I am, in these circumstances, not persuaded to agree that the petitioners deserve to be enlarged on bail at this stage. 5. In the result, these petitions are dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 18/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. Nos.2081 & 2084 of 2008 -: 4 :-