IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4392 of 2008()
1. P.ABDUL KHADER, S/O.UMMER, PAIKADAM
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/07/2008
O R D E R
K.HEMA, J.
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Bail Application No.4392 of 2008
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Dated this the 23rd day of July, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 18(b) of NDPS
Act. According to the prosecution, the petitioner was found in
possession of 6 kg. of opium. He was arrested and he is in
custody from 2.3.2008 onwards for the past 142 days.
3. Learned counsel for the petitioner submitted that the
petitioner is absolutely innocent and his daughter’s marriage is
fixed on 27.7.2008. The earlier application for bail was dismissed,
since the learned public prosecutor submitted that source of the
article as well as the retailers who are engaged in sale of opium
have to be found out and this will take sometime. Sufficient time
has elapsed after passing of the order on 29.5.2008 in
B.A.No.3283/08 but, even now nothing was traced out, it is
submitted. Therefore, there is no bonafides in insisting for
further detention. Learned counsel for the petitioner also
submitted that until the report of the chemical analysis comes, it
cannot be said that the article seized is opium, since the required
BA No.4392/08 2
percentage of morphine can be detected only by chemical
analysis.
4. This petition is opposed. Learned public prosecutor
submitted that the Investigating Officer have sufficient time to
investigate and statutory period is six months, under Section 167
(2) Crl.P.C. read with Section 36(A) (iv) of NDPS Act. The
investigation is going on to detect the source. The officials
themselves can identify the nature of the article involved though
it has to be confirmed by the chemical analysis. But, that cannot
be made a ground to allow the prayer.
5. On hearing both sides, I find that it will not be proper
to grant bail at this stage of investigation, since it may interfere
with an effective investigation.
6. However, it is made clear that the jail authorities shall
make arrangements without fail, to enable petitioner to
participate in the marriage ceremony of his daughter.
With these observations, this petition is dismissed.
K.HEMA, JUDGE
csl