High Court Kerala High Court

Kunjumon vs State Of Kerala on 21 April, 2009

Kerala High Court
Kunjumon vs State Of Kerala on 21 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1902 of 2009()


1. KUNJUMON, S/O. JOSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.DILEEP P.PILLAI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :21/04/2009

 O R D E R
                    V.K.MOHANAN, J.
        ----------------------------------------------
                 B.A No. No.1902 of 2009
        ----------------------------------------------
                Dated 21st April,     2009.

                          ORDER

The petitioner is in judicial custody consequent to

his arrest on 4.3.2009 in crime No.2/2009 of Excise

Enforcement & Anti Narcotic Special Squad, Kollam.

Therefore he seeks regular bail.

2. The allegation against the petitioner is that he

was found in possession of 3 kgs. of ganja at

about5.15 p.m. on 4.3.2009 and thereby committed

the offence punishable under section 20(b)(ii)(B) of the

N.D.P.S.Act, 1985. The learned counsel for the

petitioner submitted that the petitioner is innocent and

he is ready to abide by whatever conditions imposed

by this Court in granting bail. It is also pointed out that

after his arrest, more than 45 days are over and

further detention of the petitioner is not necessary.

3. The learned Public Prosecutor opposing the bail

application stated that the quantity involved is

BA 1902/09
-:2:-

comparatively large quantity of ganja.

4. Considering the fact that the contraband article,

viz., ganja involved in this case is 3 kgs. whereas the

minimum quantity prescribed is only one kilogram. No

materials or facts are supplied to satisfy that there are

grounds to believe that the petitioner is not guilty of the

offence alleged against him and he is not likely to commit

offence while he is on bail.

In the result, there is no merit in the petition and

accordingly, the same is dismissed.

V.K.MOHANAN,JUDGE

kvm/-

BA 1902/09
-:3:-