IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2191 of 2008() ----------------------------- CRIME NO. 4/08 OF TIRUR EXCISE RANGE CRMP.238/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER/ACCUSED: ------------------------------------ U.U. AKBAR ALI, S/O. UMMER, DOOR NO.10, POONKA NAGAR, KARIMBUKADA, COIMBATORE, TAMIL NADU. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2191 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 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 3 kgs. of ganja on 18.3.2008. He was arrested and he continues in custody from that date. 2. The learned Prosecutor opposes the application. He concedes that the quantity of the ganja seized is neither small quantity or commercial quantity. The petitioner is continuing in custody from 18.3.2008. 2. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. 3. The learned Prosecutor opposes the application. Considering the nature and gravity of the allegation, I am satisfied that there are no circumstances justifying the invocation of the discretion under Section 439 Cr.P.C. I am satisfied that in a serious crime like this the Investigators must be given sufficient and reasonable time to complete the investigation. B.A.No. 2191 of 2008 2 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 23.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm