IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Bail Appl..No. 3821 of 2010() --------------------------------------- AGAINST THE ORDER DATED / / IN CRMP 2166/2010 IN CRMP.2054/2010 of DISTRICT COURT, THRISSUR CRIME NO.5/2010 OF KUNNAMKULAM EXCISE RANGE OFFICE. .................... PETITIONER/4TH ACCUSED ------------------------------------------ SHAMEER, AGED 22 YEARS, S/O.SAINUDHEEN, NEDUMPULLYCHALIL, EDAPPALLY. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA (REPRESENTED BY THE EXCISE RANGE OFFICER, KUNNAMKULAM EXCISE RANGE OFFICE-CR.5 OF 2010 OF KUNNAMKULAM EXCISE RANGE OFFICE) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVINGCOME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3821 of 2010 ------------------------------------ Dated this the 25th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 20(b) ii B of Narcotic Drugs and Psychotropic Substances Act, 1985. According to prosecution, the excise officials got information that some people were trafficking in ganja and on reaching the spot, on 20.05.2010 at about 7 P.M., petitioner (A4) along with three others were found in possession of ganja. A total quantity of 10 kg of ganja was seized. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He is only a driver by profession and his car was called on hire by other accused. On reaching Thrissur, the other accused wanted petitioner to go to Palakkad, for which petitioner was not willing. Hence, another car was called by the said persons and when the said car came, they shifted the articles from petitioner's car to other car. The police officials came there at that point of time and arrested petitioner and others. The driving licence was also seized. Petitioner is in custody for the past 36 days. B.A. No. 3821 of 2010 2 4. Learned Public Prosecutor opposed this Bail Application and submitted that though petitioner is a driver, his involvement in this case is revealed as per the materials in the case diary. Petitioner was not found sitting in the driver seat at the relevant time, but he was sitting in the other seat. From his possession two kgs of ganja was also seized. 5. On hearing both sides, I do not find any ground to bail at this stage. Investigation is in progress and except bare assertion of innocence, there are no materials or circumstances to support contentions raised. This petition is dismissed. K. HEMA, JUDGE ln