The court determined that the rigour of Section 37 of the NDPS Act does not apply, allowing bail due to the absence of an immediate trial.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.396 of 2025 of Chandera Police Station, Kasaragod, registered for the offences punishable under Section 22 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. According to the prosecution, on 08.05.2025, the accused was found in possession of 2.50 grams of MDMA for illegal sale and thereby committed the offences alleged. Petitioner was arrested on 09.05.2025 and he has been in custody since then.

4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that since petitioner has been in custody from 09.05.2025, he ought to be released on bail.

7. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

8. Since the offence alleged against the petitioner is under Section 22 (b) of the NDPS Act and the contraband seized is found to be MDMA and the quantity of 2.50 grams falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. Since the petitioner has been in custody from 09.05.2025 and as there is no possibility of immediate trial, I am of the view that his further detention is not necessary. Therefore, petitioner ought to be released on bail.

7. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court