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2025 Supreme(Online)(Ker) 40318
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
DHANAJAYI SAGARIA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 8840 OF 2025 | CRIME NO.40/2025
For the Appellants/Petitioners: Sri. Sam Isaac Pothiyil, Smt. S. Suraja, Shri. Muhammed Suhair C.A., Shri. Abhilash C.V.
For the Respondents: Smt. Sreeja V.
The court rules that prolonged custody without trial justifies the granting of bail where the contraband quantity does not invoke higher restrictions under the Narcotic Drugs and Psychotropic Substances Act.
Headnote:This bail application arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners, accused of transporting 12.115 kilograms of ganja, were arrested on 05.06.2025 and have been in custody since then. The court finds that the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act does not apply, and the petitioners are entitled to bail due to prolonged custody. The outcome of this application is that bail is granted with specified conditions.
| Table of Content |
|---|
| 1. bail application details including arrest. (Para 1 , 2) |
| 2. arguments presented by both sides. (Para 4 , 5 , 6) |
| 3. conditions and grant of bail. (Para 8) |
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioners are accused 1 and 2 in Crime No.40 of 2025 of Excise Enforcement and Anti Narcotic Special Squad, Malappuram, registered for the offence punishable under Sections 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, ‘NDPS Act’].
3. According to the prosecution, on 05.06.2025, at about
09.48 am, the accused were found transporting 12.115 kilograms of ganja and thereby committed the offences alleged. Petitioners were arrested on 05.06.2025, and they are in custody since then.
4. Heard Sri. Sam Isaac Pothiyil, the learned Counsel for the petitioners as well as Smt. Sreeja V., the learned Public Prosecutor.
5. The learned Counsel for the petitioners contended that the prosecution allegations are false and that since petitioners have been in custody from 05.06.2025, they ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioners ought not to be released on bail. 7. Since the nature of contraband seized is found to be ganja and the quantity of 12.115 kilograms of ganja falls under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. As the petitioners have been in custody from 05.06.2025 and as there is no possibility of an immediate trial, I am of the view that their further detention is not necessary. Therefore, petitioners ought to be released on bail.
8. In the result, this bail application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating OfÏcer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners 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.
