AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner herein is the first accused in O.R
No.2/2017 of the Narcotic Control Bureau, Sub Zone, Kochi,
registered under Section 8(c) read with Sections 22(c ), 23
(c), 25, 27A, 28 and 29 of the Narcotic Drugs and
Psychotropic Substances Act . This is the petitioner''s second
application for bail. His first application was dismissed by
this Court on 06.10.2017 with observation that his request
would be considered when major part of investigation is
over. The statement of objection filed by the 1st
respondent shows that investigation is still in progress.
The petitioner has been in judicial custody since
15.06.2017.
On hearing both sides and on a perusal of the
materials, I find the possibility of the petitioner committing
similar offences, if he is released on bail. His request can
be considered later by the trial court when investigation is
practically over. The quantity of psychotropic substance
involved in this case is 0.6 gms. Any quantity above 0.1
gm is commercial quantity. The liability of the two accused
cannot be now apportioned or divided saying that one can
be made liable only for the quantity seized from his
possession. Prima facie I find that both are liable for the
total quantity. I find no material change in circumstances
for considering the second application in favour of the
accused. Let them wait till the whole investigation is
practically over. This order will not stand in the way of the
petitioner seeking statutory bail, in case the prosecution
failed to file final report in time. Accordingly, this
application is dismissed.