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
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B.A No.3473 OF 2010
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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