The court held that a female accused, when charged with intermediate quantity drugs and after prolonged custody, is eligible for bail.

O R D E R

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.678 of 2025 of Kannur Town Police Station, Kannur, registered for the offences punishable under Section s 8 and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act') and Section 25 (1) of the Arms Act .

3. According to the prosecution, the accused was found to be in possession of 1.40 grams of MDMA and thereby she committed the offences as alleged. Petitioner was arrested on 02.06.2025 and she has been in custody since then.

4. I have heard Sri.M.H.Hanis, the learned counsel for the petitioner as well as Smt. Sreeja V, the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 02.06.2025 and hence further detention is not necessary.

6. The learned Public Prosecutor opposed the bail application and submitted that further detention is not necessary.

7. Petitioner, who is a lady, was found to be in possession of

1.40 grams of MDMA. Till date, chemical analysis report has not been received. However, since the quantum of contraband seized falls within the intermediate quantity, the rigour under Section 37 does not apply.

8. Having regard to the circumstances that petitioner is a lady and considering the quantum of contraband seized and also the period of detention already undergone, I am of the view that further custody is not necessary.

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

(a) Petitioner shall be released on bail on her 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 she tamper with the evidence.

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

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