IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6802 of 2009() ----------------------------- SC.499/2006 of I ADDL. DISTRICT COURT, PALAKKAD OR NO.1/2006 OF THE NARCOTIC CONTROL BUREAU, THIRUVANANTHAPURAM .................... PETITIONER/3RD ACCUSED ------------------------------------------ USMAN @ USMAN HAJI, PARAYARUKUZHIYIL HOUSE, AMAYUR, PATTAMBI, PALAKKAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. NARCOTICS CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, TRIVANDRUM REPRESENTED BY ITS PROSECUTOR. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SPL.PROSECUTOR SRI.C.P.UDAYABHANU FOR R1 PUBLIC PROSECUTOR SRI.JAYAKRISHNAN FOR R2. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN J. ----------------------------- B.A No.6802 of 2009 ------------------------------ Dated this the 17th day of November, 2009. O R D E R This is an application filed by the third accused in S.C.No.499/2006 on the file of the Additional Sessions Judge, Palakkad seeking an order to grant bail. The petitioner along with others is facing trial for offence under Section 8(c), 21(c), 27A, 28 and 29 of NDPS Act. The petition for bail before the Additional Sessions Judge, Palakkad was dismissed. Hence this petition. 2. The petitioner and other accused were found involved in transporting 7785 gms of a substance alleged to be heroin. The officers attached to the Narcotics Control Bureau, Thiruvananthapuram seized the articles and registered the case. After investigation, the Intelligence Officer, Narcotics Control Bureau filed a complaint before the Additional Sessions Judge (Special Court) Palakkad. When the sample was sent for chemical analysis, the Assistant Chemical Examiner, Customs House, Kochi reported that the samples when analysed answered the test for heroin. But it was further reported that the laboratory was not equipped to B.A No.6802 of 2009 : 2 : conduct the quantitative analysis. Consequently, another set of sample was sent to the Central Forensic Science Laboratory, Hyderabad. From there it was reported that the Diacetyl morphine (heroin) was not detected in all the samples sent for. Such being the materials on record, I find that this is a fit case to grant bail on conditions. The learned counsel for the 1st respondent Sri.C.P.Udayabhanu also conceded to grant bail on condition. In the result, this petition is allowed. The petitioner would stand release on bail on executing a bail bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Additional Sessions Judge, on the following conditions: i) The petitioner shall report before the Superintendent of Police, Palakkad between 10 am and 11 am on every Monday and Thursday. ii) He shall not leave the Palakkad District without permission of this Court. iii) The petitioner shall surrender the passport before the Superintendent of Police, Palakkad. In case, the petitioner does not possess the passport he shall file an affidavit to that effect before the Superintendent of Police, Palakkad. B.A No.6802 of 2009 : 3 : iv) The petitioner shall not in any way be involved in such similar offences. v) The petitioner shall not in any way directly or indirectly make any inducement, threat or promise to any person who is likely to be acquitted with facts of this case so as to dissuade him from disclosing such facts to the court or to any investigating officer or to any police officer. P.S.GOPINATHAN, JUDGE ab