IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Bail Appl..No. 2395 of 2011() ----------------------------- CR. NO.04/2010 OF KOTHAMANGALAM EXCISE RANGE PETITIONER: ACCUSED --------------------------- 1. SHAJI, AGED 42 YEARS, S/O.KUMARAN, CHALILVEETTIL, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 2. RAJESH, AGED 28 YEARS, S/O.KUTTAPPAN, NIRAPPEL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 3. KUTTAPPAN, AGED 61 YEARS, S/O.KRISHNAN, NIRAPPEL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. 4. BYNU, AGED 32 YEARS, S/O.THOMAS, KALLAMAKKAL HOUSE, THANKAMANI KARA, UDUMBANCHOLA, IDUKKI. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF EXCISE, KOTHAMANGALAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.2395 of 2011 ------------------------------------------------ Dated this the 1st day of April, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 to 4 in CR.No.04 of 2010 of Kothamangalam Excise Range for offences punishable under Sections 20(b)(ii) (c), 25 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly having been found in possession of 2 Kgs. of hashish oil, seek bail. 2. The learned Public Prosecutor opposed the application. 3. I am not satisfied that both the grounds enumerated under Section 37(1)(b)(ii) of the N.D.P.S. Act are present in this case so as to justify release of the petitioners. This Application is, accordingly, dismissed. Dated this the 1st day of April, 2011. V.RAMKUMAR, JUDGE. skj