IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5064 of 2008() ----------------------------- CMP.564/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME NO.779/2008 OF VADAKARA POLICE STATION PETITIONER/ACCUSED ----------------------------------- JOSE ANTONY, S/O.ANTONY, MAPPANADIYIL HOUSE, MARUNAPURAM.P.O, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/ STATE ------------------------------- 1. THE STATION HOUSE OFFICER, VADAKARA POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5064 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of August,2008 O R D E R Application for bail. 2. The alleged offence is under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to prosecution, while the Sub Inspector and party were on traffic duty, they found that petitioner was driving a motor cycle without wearing helmet. The vehicle was stopped and on casual checking, 2.250 kilograms of ganja was found in the side box of the vehicle. He was questioned and he was arrested. The article was seized on the same day. Petitioner is in custody from 10-7-2008 onwards. 3. Learned counsel for the petitioner submitted that mahazar will reveal that petitioner was arrested and thereafter only ganja was seized. This is not legal. Hence, he requests that petitioner may be granted bail. 4. The application is opposed. Learned Public Prosecutor submitted that the accused was questioned by the police and the vehicle was searched and on being satisfied that petitioner was in possession of ganja, he was arrested. Allegations to the contrary are not correct. BA 5064/08 -2- 5. On hearing both sides, I find it not fit to grant bail to the petitioner at this stage. The application is dismissed. K. HEMA, JUDGE. mn.