Kerala High CourtFahad.K vs Intelligence Officer on 7 January, 2015Author:B. Kemal PashaBench:B.Kemal PashaIN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                         THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

             WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936

                                         Bail Appl..No. 8941 of 2014 ()
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            O.R.NO.2/2014 OF NARCOTIC CONTROL BUREAU, SUB ZONE, KOCHI
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PETITIONER/ACCUSED:
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            FAHAD.K, AGED 25 YEARS,
            S/O.LATE MOIDEEN, AYIKKAL HOUSE,
            THANA.P.O, KANOOR-670 012.

              BY ADV. SRI.P.P.GENSON

RESPONDENT/COMPLAINANT:
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            INTELLIGENCE OFFICER,
            NARCOTIC CONTROL BUREAU, SUB ZONE, KOCHI,
            THROUGH SPECIAL PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.

             BY ADV. SRI.MVS.NAMBOOTHIRY,SC

            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
            ON 07-01-2015, THE COURT ON THE SAME DAY PASSED THE
            FOLLOWING:




sts



                        B. KEMAL PASHA, J.

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                       B.A. No.8941 of 2014
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             Dated this the 7th day of January, 2015

                                O R D E R~ ~ ~ ~ ~ ~

           Petition filed under Section 439 Cr.P.C.2.    Petitioner is the 2nd accused in O.R. No.2/2014 of

Narcotic Control Bureau Sub-Zone, Kochi registered for the

offences punishable underSections 21(C),23(C),28and29of the NDPS Act, 1985.3.    The allegation against the petitioner is that, on

13.11.2014 he brought 1.988 Kg. of Heroin from Kannur to

the International Airport, Nedumbasssery and handed over

the same to the 1st accused for exporting it to Kuwait. After

handing over the same, he was allegedly waiting outside the

International Airport to see that the contraband was safely

taken to Kuwait. A1 was arrested and from the information

collected from him, the petitioner was nabbed. He has been

in custody for the period from 13.11.2014.BA.8941/2014: 2 :4.    Heard learned counsel for the petitioner and the

learned Standing Counsel for the Narcotic Control Bureau.5.    The contents of the CD, prima facie, reveal the

complicity of the petitioner. The limitations contained underSection 37(1)(b)(ii)of the NDPS Act is squarely applicable to

the facts and circumstances of the case as the contraband

involved is of commercial quantity. The allegations against

the petitioner are very grave and serious. The investigation

has a long way to go. It is not at all safe to enlarge the

petitioner on bail.      Considering the seriousness of the

allegations against the petitioner and the present stage of

the investigation, I am of the view that the petitioner is not

entitled to be enlarged on bail.In the result, this Bail Application is dismissed.Sd/-(B.KEMAL PASHA, JUDGE)

aks/07/01
                           // True Copy //

                                    PA to Judge