IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2716 of 2008() ---------------------------------------- CRIME NO.2716/2008 OF KOZHIKODE TOWN POLICE STATION ..... PETITIONER/ACCUSED ----------------------------------- P.ABDUL KHADER, S/O.UMMER, AGED 50 YEARS, PAIKADAN HOUSE, VETIKKATTIRI, VELLUVANGAD P.O., MANJERI, MALAPPURAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: STATE ---------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2716 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for regular bail. The petitioner faces allegations under the N.D.P.S.Act. He was allegedly found to be in possession of 6 Kgs of opium on 4/2/2008. He was arrested and continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He may now be enlarged on bail, it is prayed. He has remained in custody from 4/2/2008, it is pointed out. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out that the quantum of opium seized falls within the commercial quantity prescribed in the law. Investigation is not complete. The petitioner may not, in these circumstances, be granted regular bail. 4. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions B.A.No.2716/08 2 under Section 37 of the N.D.P.S.Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. 5. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the learned Sessions Judge for bail at a later stage of the investigation, not at any rate, prior to 16/05/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.2716/08 3 B.A.No.2716/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007