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2025 Supreme(Online)(Ker) 53414

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ABDUL SALAM ABDUL MOHSEN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13994 OF 2025 | CRIME NO.152/2025



Advocates:
For the Appellants/Petitioners: SMT.PREEJA V.P., SRI.V.P.PRASANTH
For the Respondents: SRI.M.C.ASHI

Bail applications must consider the integrity of ongoing investigations and any connections of the accused to the offences alleged.

Headnote:Statute Analysis: The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and relates to alleged offences under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Facts of the Case: The accused is alleged to have been found in possession of MDMA. He was arrested and has since been in judicial custody.

Findings of Court:
After hearing both parties, the court held that the petitioner is not entitled to bail at this stage.

Issues: The court considered whether the petitioner should be released on bail amidst ongoing investigations.

Ratio Decidendi: The petitioner's lack of connection to the alleged offences and concerns regarding the investigation's integrity were emphasized.

Result: The bail application stands dismissed.

Table of Content
1. application filed under bnss regarding drug possession. (Para 1 , 2 , 3 , 4)
2. arguments for and against bail application. (Para 5 , 6 , 7)

ORDER

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

2. The petitioner is accused No.3 in Crime No.152/2025 of Muvattupuzha Excise Range Office. The offences alleged against the petitioner are punishable under Sections 22 (b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act'

for short).

3. The prosecution case as narrated in Annexure F order reads thus:

“On 04.11.2025 at 09:30 p.m., the police have seized 5.683 grams of MDMA from the accused at Kavumkara, Velloorkunnam village.” [sic.]

4. The petitioner was arrested on 05.11.2025, and he 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 petitioner has no link with the offences alleged and his further detention is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. The learned Public Prosecutor further submitted that the investigation is only in the preliminary stage and the release of the petitioner will adversely affect the progress of the investigation.

Having considered the rival submissions, I feel that the petitioner is not entitled to be released on bail at this stage.

In the result, the bail application stands dismissed.

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