High Court Kerala High Court

Abdul Rahiman vs Excise Range Inspector on 10 June, 2010

Kerala High Court
Abdul Rahiman vs Excise Range Inspector on 10 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3473 of 2010()


1. ABDUL RAHIMAN, S/O.NINA MUHAMMED,
                      ...  Petitioner

                        Vs



1. EXCISE RANGE INSPECTOR,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.P.K.MUHAMMED

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/06/2010

 O R D E R
                               K.HEMA, J
                          -----------------------
                       B.A No.3473 OF 2010
                      --------------------------------
               Dated this the 11th day of June 2010

                                 ORDER

This petition is for bail.

2. The alleged offences are under Sections 20(b)(ii)(B)

and 29 of Narcotic Drugs and Psychotropic Substances Act.

According to prosecution, petitioner (A2) along with other accused

were found in possession of 1.950 Kg. of Ganja on 02/05/2010

and they were arrested from the spot.

3. Learned counsel for petitioner submitted that

petitioner was driving an autorickshaw in which first accused was

a passenger. Ganja was seized from a bag which was in

possession of first accused. Petitioner has absolutely nothing to

do with the contraband article seized, it is submitted. He was

arrested on 02/05/2010 and he is in custody for the past more

than 30 days.

4. This petition is opposed. Learned Public Prosecutor

submitted that immediately on arrest it was revealed that both

the accused had conspired to keep Ganja in possession and to

make retail sale of the same and it is not correct to say that the

petitioner has no involvement in the offence. Investigation is in

progress and at this stage, he may not be released on bail, it is

submitted.

B.A No.3473 OF 2010 2

5. On hearing both sides, considering the stage of

investigation, I am not inclined to grant bail to the petitioner at

this stage.

Petition is dismissed.

K.HEMA
JUDGE

vdv