IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6120 of 2011 SESSIONS CASE NO.305 OF 2011, PRINCIPAL SESSIONS COURT, ERNAKULAM OR.NO.DRI/CHN/NDPS/3/09 OF D.R.I. KOCHI PETITIONER : ACCUSED NO.3: --------------------------- C. CHIDAMBARAM, AGED 42, S/O.MR.P. CHIDAMBARAM, HOUSE NO.20, ANNAMALAIYAR STREET, ALITHURAI ROAD, ARUNA NAGAR, PUTHUR, TENNUR.P.O, TIRUCHY DISTRICT, TAMILNADU STATE, PIN - 620 017. BY ADV. SRI.SHAJI CHIRAYATH JIJI M.VARKEY RESPONDENT: RESPONDENT ------------------------- DIRECTORATE OF REVENUE INTELLIGENCE COCHIN, REPRESENTED BY ITS SENIOR INTELLIGENCE OFFICER MR. SYED MOHAMMED. BY SPECIAL PUBLIC PROSECUTOR SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6120 OF 2011 ------------------------------------------------------ Dated this the 5th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in O.R.No.DRI/CHN/NDPS/3/09 of D.R.I., Kochi. 2. The offences alleged against the accused are under Sections 8 (c), 9A read with Section 21(c), 25A, 28 and 29 of the N.D.P.S.Act. 3. The allegation is that accused Nos.1 and 2 were found in possession of 30 kgs of Hashish at Kochi. The prosecution case is that the Hashish was entrusted by the third accused to the other accused for transportation to Kochi. 4. The petitioner surrendered before Court on 5.1.2011 and he was remanded to judicial custody. 5. The petitioner filed B.A.No.891 of 2011, which was dismissed by this Court on 14.2.2011. BAIL APPL. NO.6120 of 2011 :: 2 :: 6. The Bail Application is very seriously opposed by the Special Public Prosecutor. The quantity of narcotic drug involved is a commercial quantity. Section 37(1)(b)(ii) of the NDPS Act provides that when the Public Prosecutor opposes the Bail Application, bail can be granted only if 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. These conditions are not satisfied in the present case. There is no ground for believing that the petitioner is not guilty of the offence alleged against him. The petitioner belongs to Tamil Nadu. It is submitted by the learned Public Prosecutor that the petitioner is involved in other cases as well. Therefore, it is also not possible to hold that the petitioner is not likely to commit any offence while on bail. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/