IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3283 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2716/2008 CRIME NO.64/08 OF KOZHIKODE TOWN POLICE STATION .................... PETITIONER:ACCUSED ------------------------ P. ABDUL KHADER, S/O.UMMER AGED 50 YEARS, PAIKADAN HOUSE, VETTIKKATTIRI VELLUVANGAD P.O., MANJERI, MALAPPURAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: STATE ------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3283 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 18(b) of the N.D.P.S.Act. Petitioner was in possession of 6.5 Kg of opium and he was arrested on 2.3.2008 with the opium and was remanded on 3.3.2008 onwards. 3. Learned counsel for petitioner submitted that the petitioner was taken into custody on the previous day of his daughter's engagement ceremony and a false case is foisted against him, since a case charged against him for similar offence ended in acquittal. He is absolutely innocent of the allegations made. He has been in custody for the past 87 days, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the article involved is opium and the petitioner is only a distributor. Source of the article is to be traced out as well as the retailers who are engaged in sale of opium have to be found out. This will take some time and hence, if the petitioner is released on bail in the meantime, it will adversely BA.3283/08 2 affect the investigation. I am satisfied with the submissions made and I do not find that it is a fit case to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.