Bail denied based on serious allegations and prior criminal conduct.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicant is the accused No.1 in Crime No.1311/2025 of Chadayamangalam Police Station, Kollam. The offences alleged are punishable under Sections 20 (b)(ii) (B), 8(c), 29 and 60(3) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, ‘the NDPS Act’).

3. The prosecution case, in short, is that on 01.10.2025 at about 3.50 p.m., the applicant along with accused No.2 were found in possession of 3.650 kgs of Ganja in contravention of the NDPS Act and Rules and thereby committed the offences.

4. I have heard Smt.Swapna Vijayan, the learned counsel for the applicant and Sri.E.C.Bineesh, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant and accused No.2, and he is not entitled to bail at this stage.

6. The applicant was arrested on 01.10.2025 and he is in custody. Accused No.2 was already released on bail. The applicant has criminal antecedents. He was involved in a similar crime of Kottarakkara Police Station, Kollam (Crime No.44 of 2024) for the offence punishable under Section 20 (b) (ii)(B) of the NDPS Act. He was released on bail in the said crime as per the order of this Court in B.A.No.920 of 2024 dated 13.02.2024. One of the conditions in the said bail order is that the applicant shall not commit any offence while he is on bail. The present crime was committed by the applicant while he is on bail in the said crime. A perusal of the case diary would reveal that the contraband was seized from the possession of the applicant. Considering the seriousness of the allegations against the applicant and his criminal antecedents, I am not inclined to grant bail to the applicant. The bail application, accordingly, is dismissed.