Possession of commercial quantities of narcotics invokes strict bail restrictions under the NDPS Act, necessitating substantial proof of innocence for bail approval.

ORDER

Dated this the 08th day of January, 2021 APPLICATION FOR REGULAR BAIL The applicant is the 1st accused in Crime No.15 of 2020 of Kadathuruthy Excise Range, for having allegedly committed offences punishable under Sections 22 (C) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 , for short (the “NDPS Act”). The prosecution case, in brief, is this:

2. On 11.10.2020 at about 3.20 PM, the applicant and two others, were travelling in a car bearing Reg.no.KL.17.S.3557, and when they reached near Hotel Varsha International, on the northern side of Kadathuruthy-Kurupunthara road, they were intercepted by the Excise party and one of the passengers fled away from there. The applicant and the 2nd accused were apprehended and on search, 18.800 grams of MDMA, a psychotropic substance was seized. Accused were arrested and remanded to judicial custody. The applicant states that he is innocent and that he is not involved in any similar criminal activities. While he was travelling from Ettumanoor-Ernakulam, he gave a lift to a person named Jackson, who is the friend of the 2nd accused. On seeing the Excise officials, who had intercepted the car, the aforesaid Jackson, fled away leaving behind a cover in the vehicle. On search, by the Excise officials, that cover allegedly contained the contraband narcotics. The applicant had nothing to do with the alleged drug. And, therefore, prays that he may be released on regular bail. His application before the special court was dismissed and he seeks indulgence of this Court.

3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has opposed the application stating that the applicant and the 2nd accused, along with another were carrying the aforesaid contraband articles, which is of commercial quantity and on seeing the Excise officials, one among them fled away and he is yet to be apprehended. A1 and A2 were arrested. A2 has another crime registered against him for transporting ganja. It is admitted that the applicant has no criminal antecedents. But, in view of the embargo under Section 37 of the NDPS Act, his application for bail cannot be entertained.

4. After having heard the submissions made on both sides, I find that the applicant was caught red-handed for being in possession of narcotic drugs of commercial quantity. Hence, the embargo under Section 37 of the NDPS Act squarely applies to this case and unless there are reasonable circumstances to believe that the applicant is not guilty, he cannot be granted bail.

Considering the facts and circumstances of this case, there are no reasonable grounds to hold that the applicant is not guilty. And, hence, the application for bail is dismissed.