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. 6715 of 2009() ----------------------------- (N.D.P.S.) C.R.NO.8/2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/ACCUSED-A1 ----------------------------------------- VINOD, S/O.PANKAJAKSHAN, MANIKANDA BHAVANAM, THRIKKANNAMANGAL MURI, KOTTARAKKARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.6715 of 2009 --------------------------------------------- Dated this the 17th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in (N.D.P.S.) C.R.No.8 of 2009 of Karunagappally Excise Range. 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 29.9.2009, the accused persons were found transporting a quantity of 6.060 kgms. of ganja in an autorickshaw. The petitioner was arrested on 29.9.2009 and he was remanded to judicial custody. 4. The quantity of ganja involved in the case is not of commercial quantity. Since the quantity of ganja does not constitute commercial quantity, the rigor of Section 37(i)(b)(ii) of the Act will not apply. 5. The petitioner is in judicial custody since 29.9.2009. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence of similar nature. 6. Taking into account the facts and circumstances of the BA No. 6715/2009 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court (Special Court for NDPS Cases), Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 surrender his passport, if any, before the Sessions Court (Special Court for NDPS Cases), Kollam. If the petitioner does not have a passport, an affidavit to that effect shall be filed in court; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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