The court determined that the gravity of charges under the NDPS Act justified the denial of bail despite claims of parity.

O R D E R

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

2. Petitioner is the 3^rd accused in Crime No.907 of

2023 of Angamaly Police Station, Ernakulam, registered for the offences punishable under Sections 8(c) and 22(c) r/w Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).

3. The prosecution case is that on 07.09.2023 accused

1 and 2 were found in possession 147 grams of MDMA and investigation revealed that the 3^rd accused conspired to procure the contraband and thereby accused together committed the offences alleged. Petitioner was arrested on

16.06.2025 and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Senior Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 03.11.2025 and hence he ought to be released on bail.

6. The learned Senior Public Prosecutor opposed the bail application.

7. The petitioner is alleged to have conspired to procure the contraband falling within the commercial quantity. Though the petitioner contended that all the other accused have been granted bail, considering that the petitioner is involved in another crime as Crime No.214 of 2025 of Mattanchery Police Station, Erankulam, that too for the offence punishable under Section 22(c) of the NDPS Act, I am of the view that, parity cannot be claimed, even if it is assumed that the other accused have been granted bail.

8. Apart from the above, the fact that the petitioner is one of the main perpetrators of the crime also stands against him.

9. Having regard to gravity of the offence alleged and also the antecedents pointed out, I am of the view that the petitioner is not entitled to be released on regular bail.

Accordingly, this application is dismissed.