IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 7801 of 2007() ----------------------------- CRIME NO.384/07 OF NADAKAVU POLICE STATION : PETITIONER --------------------------- SIJO GEORGE, AGED 28 YEARS, S/O GEORGE, PERAMOOTTIL HOUSE, NAZARATH ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SHO, NADAKAVU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.7801 of 2007 ------------------------------------- Dated this the 11th day of January, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused. He along with co-accused faces allegations in a crime registered for offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act. The crux of the allegations against the petitioner is that he along with the co-accused was found to be in possession of psychotropic substances above the quantity prescribed as the commercial quantity. The petitioner was arrested on 16.11.07. He continues in custody from that date. Investigation is not complete. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail. He further submits that the 1st accused has already been enlarged on bail. The learned Public Prosecutor after taking instructions submits that it is incorrect to say that the 1st accused has already been enlarged on bail. Considering the nature of the allegations B.A.No.7801 of 2007 2 and the magnitude of the infraction of the provisions, the State is obliged to oppose the application for bail now, submits the learned Public Prosecutor. 3. In the wake of opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this Court is in a position to entertain both satisfactions contemplated under Section 37 of the Narcotic Drugs and Psychotropic Substances Act. At the moment and with the available inputs, I am unable to entertain either of those two satisfactions. I find merit in the opposition of the learned Public Prosecutor. In a case like this, the investigator is certainly entitled to reasonable further time to complete the investigation. 4. This application is, in these circumstances, dismissed. I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the proceedings, not, at any rate, prior to 25.01.2008. The investigators must in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-