Conditions under Section 37 of the NDPS Act significantly limit bail in drug-related offenses.

O R D E R

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

2. The petitioner is accused No.1 in Crime No.500/2025 of Feroke Police Station, Kozhikode. The offences alleged against the petitioner are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

3. The prosecution case, as narrated in Ext.P4 order, reads thus:

“ At about 22 hours on 20.05.2025, the petitioner along with other accused were found in conscious possession and transportation of 0.298Kg of methamphetamine in a car bearing registration No. MH-20-AY-9990 at Ramanattukara Fly Over Junction. The accused possessed MDMA in violation of the provisions of Section 8 (c) of the NDPS Act and thus committed the above mentioned offence.”(sic)

4. The petitioner was arrested on 20.05.2025 and he has been in judicial custody since then.

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

6. The learned counsel for the petitioner submitted that the investigation is over and the Police have submitted the final report.

7. The learned Senior Public Prosecutor opposed the bail plea of the petitioner contending that the bar contained in Section 37 of the NDPS Act is applicable to the facts of the case.

8. I have gone through the Case Diary, which reveals that the petitioner was found in possession of commercial quantity of MDMA. There are no reasonable ground for believing that the petitioner is not guilty of the offences and that he will not commit any offence while on bail. Therefore, I am of the view that this is a case in which the twin conditions mentioned in Section 37 (1)(b) of the NDPS Act are applicable.

The bail application stands dismissed as above.