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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NOORUL ISLAM – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | Crime No.1365/2025
Based on the provided legal document, the key points are as follows:
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning accused individuals in a narcotics case involving possession of 19.561 grams of ganja (!) (!) (!) .
The accused were arrested on 01.07.2025 and have been in custody since then; they contend that the allegations are false and seek bail (!) .
The prosecution opposed the bail, citing the nature of the contraband and the quantity involved, which falls under the category of intermediate quantity, thus invoking certain legal rigours under the relevant section (!) (!) .
The court held that for intermediate quantities of narcotics, the rigour of Section 37 does not apply, and prolonged detention without trial justifies granting bail [Para 7].
The court granted bail with specific conditions, including the execution of a bond of Rs.50,000/- with two solvent sureties each, regular appearance before the Investigating Officer, non-influence of witnesses, non-commission of similar offences, and restriction on leaving the jurisdiction without permission (!) (!) (!) (!) (!) .
The court emphasized that any violation or modification of these conditions would be subject to reconsideration by the jurisdictional court, which has the authority to pass appropriate orders (!) .
The decision highlights that intermediate quantity narcotics cases do not attract the rigour of Section 37, and extended custody without trial warrants the grant of bail to prevent unnecessary imprisonment [Para 7].
Please let me know if you need further legal analysis or specific advice regarding this case.
| Table of Content |
|---|
| 1. bail application under bnss for narcotics charge details (Para 1 , 2 , 3 , 4) |
| 2. parties' bail arguments presented (Para 5 , 6) |
| 3. bail conditions specified for release (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.1365 of 2025 of Kothamangalam Police Station, Ernakulam, registered for the offences under Sections Section 22 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, ‘NDPS Act’].
3. According to the prosecution, the accused was found in possession of 19.561 grams of ganja, and thereby committed the offences alleged. Petitioners were arrested on 01.07.2025, and they have been in custody since then.
4. Heard Smt. Anupama Subramanian, the learned Counsel for the petitioners as well as Sri. Noushad K. A., 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 01.07.2025, 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 19.561 grams 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 01.07.2025 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. Accordingly, 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 the country 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.
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