IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1082 of 2008() ----------------------------- CMP.93/2008 of SPL. COURT (NDPS ACT CASES), VADAKARA CRIME 62/08 OF TALIPARAMBA POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- M.ABDULLA, S/O.AYAMOOTTY, AGED 75 YEARS, MEKKAMANNIL HOUSE, PANNIYOOR AMSOM DESOM, TALIPARAMBA, KANNUR. BY ADV. SR.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTING S.H.O., TALIPARAMBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON 22/02/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1082 OF 2008 A ```````````````````````````````````````````````````` Dated this the 22nd day of February, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered under the NDPS Act. He was allegedly found to keep in his possession 2.4 kg of ganja on 21.1.08. The quantity is neither small quantity nor commercial quantity. The petitioner was arrested and continues in custody from 21.1.08. The petitioner is aged about 75 years. He has no criminal antecedents also. 2. The learned counsel for the petitioner, in these circumstances, prays that the petitioner, who is remaining in custody from 21.1.08, may now be enlarged on bail subject to appropriate terms and conditions. 3. The learned Public Prosecutor opposes the application. The seriousness of the allegation may be taken into consideration. The petitioner was found to keep in his possession 2.4. kg of ganja. The discretion under section 439 BA.1082/08 : 2 : Cr.P.C. may not be invoked in favour of the petitioner. Investigation is not complete. Final report has not been filed. Investigators may be given some further time to complete the investigation, prays the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that this is not a fit case where the discretion under section 439 Cr.P.C. can or ought to be invoked in favour of the petitioner now. I agree with the learned Public Prosecutor that investigators in a serious crime like this are certainly entitled to further time to complete the investigation. 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court for bail again at later stages of the investigation not, at any rate, prior to 07/03/2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks