IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7279 of 2011() ----------------------------- CRIME NO.6/2011 OF ENFORCEMENT AND ANTI NARCOTIC CELL SPECIAL SQUAD, KOLLAM PETITIONERS : ACCUSED 1&2 -------------------------------- 1. SHAFEEK, AGED 45 YEARS, S/O.GEORGE, VARIKKOLIL HOUSE, H.S.WARD, VALAKKODU VILLAGE, PATHANAPURAM, PUNALUR. 2. MARUTHAPPAN, AGED 50 YEARS, S/O.RAJATHEVA, H.S.WARD, VALAKKODU VILLAGE, PATHANAPURAM, PUNALUR. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE SPECIAL OFFICER KOLLAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7279 of 2011 --------------------------- Dated this the 10th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.6 of 2011 of Enforcement and Anti Narcotic Cell Special Squad, Kollam. 2. The offence alleged against the petitioners is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 9.8.2011, a quantity of 3.235 kgs. of ganja was found in the possession of the petitioners. They were arrested on 9.8.2011. They are in judicial custody since then. 4. The learned Public Prosecutor submitted that accused No.1 is involved in a similar offence which is pending BA 7279/11 2 as SC No.779 of 2009 on the file of the court of the Additional Sessions Judge, Kollam (Adhoc II), Kollam. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. The quantity of ganja involved in the case is of intermediate quantity. Since commercial quantity of ganja is not involved in the case, Section 37(1)(b)(ii) of the NDPS Act will not apply. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence, the present stage of investigation and also the undertaking made by the petitioners, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing BA 7279/11 3 bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions: A) The petitioners 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 all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners 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 csl