IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5491 of 2008()
1. DIVANJI P.M. @ MUKIL, S/O MURALI,
... Petitioner
Vs
1. THE EXCISE INSPECTOR, CHANGANACHERRY
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5491 of 2008
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Dated this the 3rd September, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 20(b)(ii)B of the NDPS
Act. According to prosecution, the Excise party conducted a raid
and found 4.25 Kg of Ganja in a house. From the possession of the
petitioner’s father, 200 grams of Ganja were seized. The case is that
the petitioner and his father were in joint possession of the
contraband article seized from the house.
3. Learned counsel for petitioner submitted that the petitioner
is a lorry driver by profession and he is innocent of the allegations
made. The house belongs to the father of the petitioner and nothing
was seized from the possession of the petitioner. Petitioner was
arrested on 29.7.2008 and he is in custody since then.
4. Learned Public Prosecutor submitted that a huge quantity
of Ganja is involved in this case. The petitioner as well as his father
are in possession of the house. Both are adult members and they
are in joint possession of the Ganja seized from the house. Taking
into consideration the quantity of Ganja and the nature of the
investigation required, this petition is opposed.
5. On hearing both sides, I am satisfied that at this stage
there is no material available to exonerate the petitioner from the
crime. In the nature of the investigation required, it may not be
proper to grant bail to the petitioner at this stage.
Petition is dismissed.
K.HEMA, JUDGE
vgs.