IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10119 of 2011() ------------------------------ SC.478/2011 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM CRIME NO.987/2011 OF CHERANELLUR POLICE STATION .................... PETIOTIONER : ACCUSED ------------------------------- NOUSHAD, S/O.BEERAVUNNI,AGED 32, VAZHAKKAMADATHIL VEEDU, NEAR MILLUPADY,VELIYATHUMNADU, U.C. COLLEGE,ALUVA BY ADV. SRI.B.RAMAN PILLAI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10119 of 2011 ---------------------------------------------- Dated this the 13th day of December, 2011 ORDER The petitioner is the accused in Crime No.987 of 2011 of Cheranellur Police Station, which is now pending as S.C.No.478 of 2011 before the Additional Sessions Court (Ad hoc-I), Ernakulam. 2. The offence alleged against the petitioner is under Section 20(c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 06/06/2011, the accused was found in possession of commercial quantity of psychotropic substances. It is alleged that he was found in possession of 1517 ampules of buprenorphine (burogesic), 982 ampules of injection without any sticker, 300 ampules of diacepam injection, 210 capsules of lupigesic and 72 ampules of phenergan injection. It is submitted that all these ampules contained 2 ml. each. 4. The petitioner was arrested on 06/06/2011 and he was remanded to judicial custody on 07/06/2011. Bail Appln.No.10119/2011 : 2 : 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed and the case is now pending as S.C.No.478 of 2011 on the file of the Additional Sessions Court (Ad hoc-I), Ernakulam. 6. The Bail Application is vehemently opposed by the learned Public Prosecutor. Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act provides that where commercial quantity of psychotropic substance is involved and where the Public Prosecutor opposes the Bail Application, bail can be granted only if the court is satisfied that there are reasonable grounds for believing that the petitioner is not guilty of such offences and that he is not likely to commit any offence while on bail. In the facts and circumstances of the case, I am not in a position to take the view that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged. There is no material to hold that the petitioner is not likely to commit any offence, if bail is granted to him. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj