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A. BADHARUDEEN
Naveen P. R. – Appellant
Versus
State of Kerala Represented by Public Prosecutor – Respondent
ORDER (COMMON)
The petitioner in B.A.No.8027 of 2023, who is the 2nd accused in Crime No.612/2023 of Ernakulam Town North Police Station, now pending as S.C.No.650/2023 before the First Additional District and Sessions Court, Ernakulam, has approached this Court for the first time seeking regular bail. The petitioner in B.A.No.9090 of 2023, who is the 4th accused in the above case, seeks regular bail for the fourth time.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
3. I have perused the relevant records.
4. The prosecution allegation is that, based on a secret information received on 29.03.2023 to the effect that, four persons engaged in possession of MDMA in Room No.317 of Sidra Pristine Hotel, SRM Road, Ernakulam, the police party conducted search at 16.20 hours on 30.03.2023 and on search, 294 grams of MDMA was seized in the presence of accused Nos.1 to 4. Thereafter, they were arrested and crime, alleging commission of offence punishable under Section 22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’ hereinafter), was registered.
5. The learned counsel for the petitioners wou
Bail – When prosecution alleges possession of commercial quantity of contraband, rider under Section 37 of NDPS Act would apply.
The court established that the stringent conditions for granting bail under Section 37 of the NDPS Act must be strictly adhered to, requiring substantial evidence to support claims of innocence.
For bail under NDPS Act, the accused must prove reasonable grounds for believing they are not guilty and unlikely to re-offend.
Bail granted under NDPS Act due to absence of prior offenses and substantial investigation progress.
Bail under NDPS Act requires meeting specific conditions; mere custody duration is insufficient for bail.
Prolonged trial delays caused by prosecution can justify bail, overriding statutory restrictions under Section 37 of the NDPS Act, in light of the right to personal liberty under Article 21.
Insufficient evidence for conspiracy or knowledge of possession in narcotics case warrants bail.
The court emphasized the necessity of substantial grounds for bail in cases involving serious narcotic offences under the NDPS Act.
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