Bail is the rule and jail is the exception; serious allegations do not preclude bail if conditions are satisfied.

ORDER :

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

2. Petitioners are the accused in Crime No.1/2025 of Aluva Excise Range. The above case is now pending as Sessions Case No.258/2025 before the Addl. District and Sessions Judge-I, North Paravur, The above case is charge sheeted alleging offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

3. The prosecution case is that; on 03.01.2025, the while Police party conducting patrolling duty near Aluva KSRTC bus stand, Aluva, the accused persons were found in possession of 9.324 kilograms of dried ganja. Hence, it is alleged that the accused committed the offence.

4. Heard counsel for the petitioners and the Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are in custody from 03.01.2025. Petitioners are ready to abide by any conditions, if this Court grants them bail.

6. Public Prosecutor opposed the bail application. He also submitted that the petitioners are from Odisha and if they are released on bail, they will not be available for trial. But, he conceded that, as per the report received by him from the Investigating Officer, no criminal antecedents is alleged against the petitioners. At this stage, the counsel for the petitioners submitted that, petitioners are ready to offer two local sureties from Ernakulam District. The same is recorded. I make it clear that, this is not an order from the Court, but it is a voluntary submission by the counsel on behalf of the petitioners.

7. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that allegation against the petitioners are serious. But, the quantity seized is only intermediate quantity. Hence, the rigour under Section 37 of the NDPS Act is not applicable. No criminal antecedent is alleged against the petitioners. The petitioners are in custody from 03.01.2025. In the facts and circumstances of the case, I think the petitioners can be released on bail after imposing stringent conditions. But, I make it clear that, if the petitioners are involved in similar offence in future, the Investigating Officer is free to file appropriate application before the Jurisdictional Court to cancel the bail, and if such an application is filed the Jurisdictional Court can pass appropriate orders, even though this bail order is passed by this Court.

8. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870], after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

9. Moreover, in Jalaluddin Khan v. Union of India [2024 KHC 6431], the Hon'ble Supreme Court observed that:

“21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant b