Bail granted under NDPS Act due to absence of prior offenses and substantial investigation progress.

ORDER

This petition seeking regular bail has been filed by accused Nos. 1 to 3 in Crime No.867/2025 of Shornur Police Station, registered alleging commission of offences punishable under Sections 22 (b), 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

2. The prosecution allegation is that on 23.11.2025 at 01.30 hours, the accused Nos. 1 to 3 were found possessing 2.100 gms of MDMA in contravention to the provisions of the NDPS Act and thereby committed the aforementioned offences.

3. I heard the learned counsels appearing for both sides and perused the available records.

4. The learned counsel for the petitioners submitted that the allegation levelled against the petitioners is baseless. According to him, no contraband was actually recovered from the possession of the petitioners, and they have been falsely implicated in this case without any basis. The learned counsel further submitted that since the investigation in this case is practically over, further judicial incarceration of the petitioners is unwarranted.

5. Per contra, the learned Public Prosecutor opposed the bail application by highlighting the serious nature of the offence alleged against the petitioners.

6. The allegation that the petitioners possessed 2.100 gm of MDMA, regardless of the prohibition contained under the NDPS Act, cannot be viewed lightly. A perusal of the records reveals that the accusation against the petitioners is prima facie well-founded. This is a case in which the petitioners were allegedly caught red-handed with the contraband on 23.11.2025 and have been in custody since then. The investigation in this case appears to have progressed substantially and is now on the verge of completion. It is also pertinent to note that no criminal antecedents are pointed out against the petitioners. As the investigation has crossed its major and crucial part, further judicial incarceration of the petitioners would serve no purpose. Moreover, the quantity of MDMA seized in this case is intermediate quantity. Therefore, the rigour contained under Section 37 of the NDPS Act for the grant of bail is not applicable in this case. Hence, having regard to the days of detention already undergone by the petitioners and the present stage of investigation, I am inclined to grant bail to the petitioners subject to the following conditions;

1. The Petitioners shall execute a bond for Rs.1,00,000/-

(Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioners shall appear before the Investigating Officer on every Monday between 10 a.m. and 11 a.m. for a period of three months or until the final report is filed, whichever occurs first.

3. The petitioners shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4. Petitioners shall not leave India without permission of the jurisdictional Court.

5. Petitioners shall not commit any offence while on bail. 6. If the petitioners violate any of the above conditions, the investigating officer is at liberty to file an appropriate application for cancellation of bail before the jurisdictional court, and if such an application is filed, the jurisdictional court can pass appropriate orders irrespective of the fact that this order is passed by this Court.

Sd/-