IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1902 of 2009 -------------------------------------- (CRIME NO. 2/2009 OF EXCISE ENFORCEMENT AND ANTINARCOTICS SPECIAL SQUAD, KOLLAM) .................... PETITIONER/ ACCUSED: ------------------------------------ KUNJUMON, S/O. JOSEPH, VENEETHA BHAVAN, ELANGAMANGLAM, ENATHU, EZHAMKULAM, ADOOR. BY ADV. MR.DILEEP P.PILLAI. RESPONDENT: ---------------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTINARCOTIC SPECIAL SQUAD, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------------- B.A No. No.1902 of 2009 ---------------------------------------------- Dated 21st April, 2009. ORDER The petitioner is in judicial custody consequent to his arrest on 4.3.2009 in crime No.2/2009 of Excise Enforcement & Anti Narcotic Special Squad, Kollam. Therefore he seeks regular bail. 2. The allegation against the petitioner is that he was found in possession of 3 kgs. of ganja at about5.15 p.m. on 4.3.2009 and thereby committed the offence punishable under section 20(b)(ii)(B) of the N.D.P.S.Act, 1985. The learned counsel for the petitioner submitted that the petitioner is innocent and he is ready to abide by whatever conditions imposed by this Court in granting bail. It is also pointed out that after his arrest, more than 45 days are over and further detention of the petitioner is not necessary. 3. The learned Public Prosecutor opposing the bail application stated that the quantity involved is BA 1902/09 -:2:- comparatively large quantity of ganja. 4. Considering the fact that the contraband article, viz., ganja involved in this case is 3 kgs. whereas the minimum quantity prescribed is only one kilogram. No materials or facts are supplied to satisfy that there are grounds to believe that the petitioner is not guilty of the offence alleged against him and he is not likely to commit offence while he is on bail. In the result, there is no merit in the petition and accordingly, the same is dismissed. V.K.MOHANAN,JUDGE kvm/- BA 1902/09 -:3:-