IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4432 of 2010()
1. JOSE, AGED 62, S/O. CHACKO,
... Petitioner
Vs
1. KERALA STATE REPRESNTED BY CIRCLE
... Respondent
For Petitioner :SRI.S.RAJKUMAR
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :26/07/2010
O R D E R
K. HEMA, J
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B.A.No.4432 OF 2010
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Dated this the 26th day of July, 2010
O R D E R
This petition is for bail.
2. The alleged offence is under section 20(b) (ii) B of
Narcotic Drugs and Psychotropic Substances Act. According to
prosecution, on 17.6.2010, petitioner (A2) along with first accused
were found transporting 12.710 Kg of Ganga in a vehicle. The
vehicle belongs to second accused and he was driving the vehicle
at the time of offence. Both of them were arrested from the spot.
3. Learned counsel for petitioner submitted that petitioner
is a retired Government driver. He has no criminal antecedents.
He is not involved in any other crime. Ganga was not seized
from his personal possession. The investigation is completed and
petitioner is not required for investigation. It is also submitted
that annexure-A2 newspaper report will show that seizure was
from Idukki and not from the alleged place of occurrence.
4. This petition is opposed. Learned public prosecutor
submitted that as per the allegations in the case diary, petitioner
B.A. No.4432/10 2
was involved in the offence and he was also arrested from the
spot along with ganga. The ganga involved is intermediate
quantity. It is not fit to grant bail to petitioner at this stage.
5. On hearing both sides, and on considering the gravity of
offence, I do not think it fit to grant bail at this stage.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.