IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2329 of 2010() ----------------------------- CMP.986/2010 & 987/2010 of Judicial I Class Magistrate Court-II, KOLLAM IN Crime No.5/2010 of Chathannoor Excise Range in Kollam District ................... PETITIONER/IST ACCUSED :- ------------------------------------------ SHAMEER, S/O.SHAHUL HAMEED, PADIPPURAKKAL VEEDU, AMRUTHAKULAM CHERRY, MUNDAKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S)/COMPLAINANT AND STATE :- ------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, CHATHANNOOR EXCISE RANGE, CHATHANNOOR, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.SURESH C.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JVT P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2329 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of April, 2010 O R D E R This is a bail application filed by the first accused in Crime No.5/2010 of Chathannoor Excise Range in Kollam District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with the second accused was found in possession of buprenorphine ampule 2 ml. having the quantity of 28 in numbers on February 21, 2010 and thereby committed the offence punishable under Section 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. The petitioner was arrested along with articles seized from the spot on 22.2.2010. The Judicial First Class Magistrate Court-II, Kollam rejected his bail application and thereafter he is in remand. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that even if the case of the prosecution is accepted, he is only in possession B.A. No. 2329 of 2010 2 of small quantity of psychotropic substances, as provided under section 20(b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act and therefore he may be released on bail. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner is in remand from 21.2.2010 onwards. Further each ampule contains .6 mg. of psychotropic substance, totalling to 4.8 mg. The small quantity of buprenorphine is 1 gm, as provided under item No.169 in the notification S.O. 1055(E) dated October 19, 2001. Therefore, the petitioner can be found guilty of only for the offence punishable under section 20 (b) (ii) (A) of the Act, for which punishment prescribed is rigorous imprisonment for six months or with fine, which may extend B.A. No. 2329 of 2010 3 to ten thousand rupees, or with both. The second accused in this case has already been released on bail by this court by order dated April 27, 2010 in bail application No.2457 of 2010. Taking into consideration all these aspects, I am of the view that the petitioner can be released on bail, on conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer as and when required. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 2329 of 2010 4 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb