IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 349 of 2010() ---------------------------- O.R.No.103 OF 2009 (NDPS) OF EXCISE RANGE OFFICE, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- THAVASSI LINGAM, AGED 48 YEARS, S/O.RAMAN, HOUSE NO.100 C/1, BEACH ROAD JUNCTION, KOTTAR DESOM, AGASTHESWARAM TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE INSPECTOR,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.349 of 2010 --------------------------------------------- Dated this the 8th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in O.R.No.103 of 2009 (NDPS) of Excise Range Office, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 21.12.2009, the petitioner was found in possession of 2.2. kgms. of ganja. The petitioner was arrested on 21.12.2009 and he was remanded to judicial custody. 4. Since the quantity of ganja involved in the case is not commercial quantity, the bar under Section 37(1)(b)(ii) of NDPS Act will not apply. 5. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of similar nature. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of BA No.349/2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, of whom one shall be a person belonging to the State of Kerala and who owns immovable property in the State of Kerala, for the like amount to the satisfaction of the Sessions Court, Thiruvananthapuram, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl