IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Bail Appl..No. 4432 of 2010() ------------------------------------- CRIME NO. 13/2010 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM. ...................... PETITIONER(S):/PETITIONER/2ND ACCUSED -------------------------------------------------------------- JOSE, AGED 62, S/O. CHACKO, VALIYAPUTHENPURAYIL, PERUTHOTIKARA, VATHIKUDI, UDUMBANCHOLA,THOPRAMKUDI, IDUKKI. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): ----------------------- KERALA STATE REPRESNTED BY CIRCLE INSPECTOR, EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQNAD, ERNAKULAM REPRESENTED BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4432 OF 2010 ----------------------------------- Dated this the 26th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 20(b) (ii) B of Narcotic Drugs and Psychotropic Substances Act. According to prosecution, on 17.6.2010, petitioner (A2) along with first accused were found transporting 12.710 Kg of Ganga in a vehicle. The vehicle belongs to second accused and he was driving the vehicle at the time of offence. Both of them were arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is a retired Government driver. He has no criminal antecedents. He is not involved in any other crime. Ganga was not seized from his personal possession. The investigation is completed and petitioner is not required for investigation. It is also submitted that annexure-A2 newspaper report will show that seizure was from Idukki and not from the alleged place of occurrence. 4. This petition is opposed. Learned public prosecutor submitted that as per the allegations in the case diary, petitioner B.A. No.4432/10 2 was involved in the offence and he was also arrested from the spot along with ganga. The ganga involved is intermediate quantity. It is not fit to grant bail to petitioner at this stage. 5. On hearing both sides, and on considering the gravity of offence, I do not think it fit to grant bail at this stage. This petition is dismissed. K. HEMA, JUDGE. Sou.