Possession of intermediate quantity of narcotics allows for bail under specified conditions despite prior refusals.

O R D E R

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

2. The petitioner is accused No.2 in Crime No.828/2025 of Peechi Police Station, Thrissur. The offences alleged against the petitioner are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

3. The prosecution case originally was that on 31.08.2025 at about 08.51 a.m, the petitioner along with the other accused was found in possession of 37.3 grams of MDMA at Vaniampara

4. The petitioner was arrested on 31.08.2025 and she has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the FSL report has confirmed that the petitioner and the other accused were in possession of 37.3 grams of methamphetamine. Petitioner No.1 had earlier filed B.A. No.13009 of 2025 before this Court, and the said application was dismissed on the ground that the bail plea was hit by Section 37 of the NDPS Act.

7. The learned counsel for the petitioner further submitted that as the contraband seized falls under the intermediate quantity, the bar under Section 37 of the NDPS act is not applicable.

8. The learned Public Prosecutor opposed the bail plea of the petitioner.

9. The learned Public Prosecutor produced the FSL examination report showing that the substance recovered was methamphetamine. Admittedly, the petitioner and the other accused were in possession of the intermediate quantity of the substance. The petitioner has been in judicial custody for the last

80 days.

10. Having regard to the nature of the allegations and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows: (a) The petitioner is ordered to be released on bail on her executing bond for Rs.1,00,000/ (Rupees One Lakh Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. till the final report is filed.

(c) The petitioner shall surrender her passport before the jurisdictional court. If she has no passport, the petitioner shall file an affidavit to that effect.

(d) The petitioner shall not leave State of Kerala without the permission of the jurisdictional court.

(e) The petitioner shall not commit any similar offence while on bail.

(f) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(g) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.