IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 1980 of 2008() ----------------------------- OR NO. 2/07 OF NARCOTIC BUREAU, REGIONAL INTELLIGENCE UNIT THIRUVANANTHAPURAM AGAINST THE ORDER DATED 17/12/2007 IN CRMP. 3535 /2007 IN CRMP.3519/2007 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER/3RD ACCUSED --------------------------------------- DAMODAR SHARMA @ MAHESH, S/O.LATE R.J.V.SHARMA, POOJA GARDENS, VANIYETH LANE, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ INTELLIGENCE OFFICER, NCB, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.C.P.UDAYABHANU, SPL.P.P. FOR NCB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1980 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2008 O R D E R This is the third application for regular bail filed by the petitioner, who faces allegations in a crime registered alleging commission of the offence punishable under the N.D.P.S. Act. The petitioner is the third accused. Accused 1 to 3 were allegedly engaged in the activity of exporting heroine to Mali. They were intercepted. 365 gramns of heroine was seized from the second accused. He had allegedly got the same from the petitioner herein and was about to hand over the same to the first accused. Arrest was effected on 22.10.2007. The premises of the petitioner was searched immediately thereafter and 265 grams of heroine was recovered in the course of such search from the possession of the petitioner. He was arrested and he continues in custody from that date. The petitioner has one other case under the N.D.P.S. Act already registered against him as Crime No.170 of 2004 of Trichur East Police Station, where also B.A.No. 1980 of 2008 2 the allegation is that he was in possession of 450 grams of heroine. 250 grams and above is commercial quantity specified under the Act. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner, who has remained in custody from 22.10.2007, may now be enlarged on bail, prays the learned counsel. 3. Shri.C.P. Udayabhanu, counsel for the respondent, opposes the application vehemently. He submits that the investigator has a period of six months to complete the investigation under the N.D.P.S. Act and the petitioner is not entitled for default bail under the proviso to Section 167(2) Cr.P.C. In view of the fact that commercial quantities are involved, regular bail can be granted to the petitioner only if this court is in a position to entertain both the satisfactions contemplated under Section 37 of the N.D.P.S. Act. There is absolutely no circumstance which can persuade this Court to entertain either of those satisfactions. 4. I find merit in the opposition by the learned counsel for the respondent. I am satisfied that this petition cannot be considered favourably. B.A.No. 1980 of 2008 3 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 16.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm