IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6723 of 2009 CRIME NO.1 OF 2009 OF KILIMANOOR EXCISE RANGE (NDPS) PETITIONER/ACCUSED -------------------------------------- SHAJI,S/O.ABDUL ALI, LAKSHAM VEEDU COLONY, PALLICKAL DESOM,PALLICKAL. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE -------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR,KILIMANOOR EXCISE RANGE KILIMANOOR, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6723 OF 2009 ------------------------------------------------------ Dated this the 17th 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.1 of 2009 of Kilimanoor Excise Range (NDPS Act cases). 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 28.9.2009, the petitioner was found in possession of 1.12 kilogram of ganja. The petitioner was arrested on the spot and he was remanded to judicial custody. 4. The quantity of ganja involved is not commercial quantity. Therefore, the bar under Section 37(1)(ii)(b) of the Act would not apply. Up to one kilogram of ganja, it would constitute a small quantity. 5. Taking into account the facts and circumstances of the B.A. NO. 6723 OF 2009 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. 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 (Special Court for NDPS Act cases), 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, 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 ahz/