Custody should not be continued unnecessarily without trial; bail granted for possession of intermediate quantity of controlled substance.

ORDER

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

2. Petitioner is the second accused in Crime No. 679/2025 of Walayar Police Station, Palakkad, registered alleging offences punishable under Sections 22 (b), 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').

3. According to the prosecution, on 19.08.2025, petitioner along with the first accused were found in possession of 7.84 grams of methamphetamine in a car bearing registration No.KL-09-AS-3945, and thereafter, on interrogation, it is revealed that the accused purchased the contraband from the third accused and thereby committed the offences alleged. Petitioner was arrested on 20.08.2025, and he has been in custody since then.

4. I have heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned Counsel for the petitioner contended that prosecution allegations are false and that since petitioner has been in custody from 20.08.2025, he ought to be released on bail.

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

7. Since the nature of contraband seized is found to be methamphetamine and the quantity of 7.84 grams fall under the category of intermediate quantity, the rigour under Section 37 of the NDPS Act does not apply. As the petitioner has been in custody from 20.08.2025, and as there is no possibility of an immediate trial, I am of the view that his further detention is not necessary. Therefore, petitioner ought to be released on bail.

8. In the result, this bail 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 attempt to tamper with the evidence. (d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.