IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1589 of 2007()
1. AVARU VADAKKAN @ HAROON,S/O.KUNHALAVI,
... Petitioner
Vs
1. NARCOTIC CONTROL BUREAU,
... Respondent
2. STATE REP.BY PUBLIC PROSECUTOR,HIGH
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1589/2007
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Dated this 20th day of March, 2007
O R D E R
The petitioner, who is the second accused in
O.R.No.4/2006 of Narcotic Control Bureau,
Thiruvananthapuram, for offences punishable under Sections 21
(c), 27-A, 28 and 29 of the N.D.P.S Act read with Section 8(c) of
the said Act, seeks his enlargement on bail. He was arrested on
16.10.2006.
2. The learned Special Public Prosecutor, Sri. C.P.
Udayabhanu for NCB, opposed the application.
3. The case of the prosecution is that the first accused,
who is a dealer in trafficking narcotic drugs, was staying in a
room in Panakkad Tourist Home, Kottakkal from where 630
grams of heroine intended for sale to the second accused, the
petitioner herein, was seized by the officials of the Narcotic
Control Bureau going on a jeep. According to the prosecution,
the petitioner was an intending purchaser of the narcotic drugs
from the first accused, who was staying in the said Tourist
Home. However, the case of the prosecution is that the first
accused had procured the article from Moradabad in Uttar
Pradesh.
B.A.1589/2007
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4. It is too early to consider the contention of the
petitioner based on the non compliance of Section 42(2) of the
N.D.P.S Act. That is a matter which the petitioner can profitably
raise during the trial of the case.
5. 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 the release of the petitioner on bail.
This Application is accordingly dismissed.
V.RAMKUMAR,
JUDGE
mrcs
B.A.1589/2007
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