Bail can be granted in NDPS cases involving a minor and small-quantity contraband where custody has been lengthy or the evidence does not necessitate continued detention, subject to conditions to prevent witness tampering and reoffending.

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.658 of 2025 of Thalayolaparambu Police Station, Kottayam registered for the offences punishable under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , Section 20 (b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 95 of Bharathiya Nyaya Sanhitha, 2023.

3. According to the prosecution, on 11.06.2025, petitioner used a minor for sale of ganja and thereby committed the offences alleged. Petitioner was arrested on 03.07.2025 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 Public Prosecutor opposed the bail application.

6. Petitioner alleges that he has been victimised for protesting against the police action on an earlier occasion. Thereafter two cases under the NDPS Act were registered against him, both of which have now ended in his acquittal. The first crime was Crime No.788 of 2023 of Thalayolaparambu Police Station which was tried as S.T.No.3307 of 2023 on the files of the Judicial First Class Magistrate's Court-I, Vaikom and by judgment dated 06.12.2024, petitioner was acquitted after finding that there was no evidence against him. In the second case which was registered as Crime No.798 of 2023, petitioner was acquitted by judgment dated 29.07.2025. The learned counsel submitted that petitioner is totally innocent and he ought to be released on bail. 7. Though the learned Public Prosecutor submitted that apart from the cases mentioned above, petitioner is involved in two other offences for possessing small quantity of contraband as Crime No.45 of 2025 and Crime No.61 of 2025 both of Thalayolaparambu Police Station, I am of the view that since petitioner was arrested on 03.07.2025, and the quantity seized from the juvenile is stated to be only 90 grams which falls within the category of small quantity, further custody is not necessary.

8. Though the allegations against the petitioner are serious, considering the contentions raised regarding false implication and also taking into consideration the period of custody already undergone, I am of the view that petitioner can be released on bail.

9. 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.

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.