IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 290 of 2008() ---------------------------- O.R.2/07 OF NARCOTIC CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.2: ------------------------------ ARUL MARSHALAIN, AGED 29 YEARS, S/O.SHRI.JAMES, INDIAN NATIONAL NAGAR KULAM, RAMANYJAMPUDOOR POST, DIST.THIRUNELVELI, TAMILNADU. BY ADV. SMT.GEETHA JOB(OZHUKAYIL) RESPONDENTS: COMPLAINANT; ------------------------- STATE OF KERALA REPRESENTED BY INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.C.P.UDAYABHANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 290 OF 2008 ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2008 O R D E R Application for regular bail. Petitioner is the 2nd accused. He, along with the co-accused, faces allegations under the N.D.P.S. Act. Accused Nos.1 to 3 were allegedly engaged in the activity of exporting heroin to Mali. 365 gm of heroin was being handed over to the first accused by accused Nos.2 and 3. They were intercepted and taken into custody and the contraband article was seized. Arrest was effected on 22.10.07. The petitioner continues in custody from that date. The quantity seized far exceeds the commercial quantity prescribed - 250 gm. Investigation is not complete. Final report has not been filed. The learned Public Prosecutor opposes the application. 2. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if BA.290/08 : 2 : this court is in a position to entertain the twin satisfactions under Section 37 of the N.D.P.S. Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now. 3. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court or the learned Sessions Judge for bail at later stage of the investigation, not at any rate, prior to 6.2.2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks