IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 4236 of 2011 ---------------------------------- [CRIME NO.8/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM, NOW PENDING AS SC (NDPS) 7/2011 BEFORE THE SPECIAL COURT FOR NDPS ACT CASES) ............ PETITIONER/ACCUSED (A6): ----------------------------------------- BASIL BABY, S/O.BABY, MAPPILAKKUDIYIL HOUSE, MACHIPLAVU KARA, MANNAMKANDOM VILLAGE, DEVIKULAM TALUK. BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.8/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM; NOW PENDING AS SC (NDPS) 7/2011 BEFORE THE SPECIAL COURT FOR NDPS ACT CASES). BY PUBLIC PROSECUTOR SMT. JASMINE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.4236/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-I: COPY OF THE SUMMONS ISSUED TO THE PETITIONER. ANNEXURE-II: COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE TALUK HEAD QUARTERS HOSPITAL, ADIMALY DTD. 15/11/2010. RESPONDENT'S ANNEXURES:- //TRUE COPY// P.A. TO JUDGE Prv. N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4236 of 2011 ------------------------------------------ Dated this the 13th day of December, 2011 ORDER Petitioner is the 6th accused in Crime No.8/2009 registered by the Excise Enforcement and Anti Narcotic Special Squad, Kottayam. The offence relates to the transportation of 1.470 Kgs. of Hashish oil. The incident took place on 24.07.2009. It is stated that he was not arrested. He did not surrender before the court till this date. The offence alleged against him and other accused is under Section 21 of NDPS Act. Narcotic drug involved is of commercial quantity, the minimum punishment prescribed for which imprisonment for 10 years. The learned counsel for the petitioner submits that petitioner is ready to surrender before the learned Special Judge in which case the learned Judge may be directed to consider his bail application on the same day. Crl.M.C.No. 4236 of 2011 -: 2 :- 2. It is a case where non-bailable warrant is pending against the accused. As stated above, the narcotic drug possessed is of commercial quantity. Gravity of the offence cannot be lost of by the Court. Sections 21(c) and 37(1)(b)(i) and (ii) also may have to be borne-in-mind by the Court. When the petitioner surrenders before the court, his bail application will be disposed of by the learned Special Judge expeditiously but in accordance with law taking note of the gravity of the offence and other aspects mentioned above. N.K. BALAKRISHNAN, JUDGE. smvd