The court grants bail, deeming the harsh conditions of the NDPS Act inapplicable based on case circumstances and the petitioner’s lack of prior offenses.

ORDER

This petition seeking regular bail has been filed by the third accused in Crime No.877/2025 of Walayar Police Station, registered alleging commission of offences punishable under Sections 22 (b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS)

Act, 1985.

2. The prosecution allegation is that on 08.11.2025, at about

4:45 a.m., the accused Nos. 1 to 3 were found possessing and transporting 5.791 gms of Methamphetamine in a Fortuner car bearing registration No.KL-51-P-9589, which they had purchased from the fourth accused at Thiruppur, for the purpose of sale 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 petitioner submitted that the allegation levelled against the petitioner is baseless. According to him, no contraband was actually recovered from the possession of the petitioner, and he has been implicated in this case on the basis of some surmises and conjectures. The learned counsel further submitted that since the investigation in this case is practically over, further judicial incarceration of the petitioner is unwarranted.

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

6. The allegation that the petitioner, along with the other accused, possessed and transported Methamphetamine in a vehicle for the purpose of sale, regardless of the prohibition contained under the NDPS Act, cannot be viewed lightly. A perusal of the records reveals that the accusation against the petitioner as well as the other accused, is prima facie well-founded. This is a case in which the petitioner was allegedly caught red-handed with the contraband on 08.11.2025, and since then, he has been in custody. 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 petitioner. As the investigation has crossed its major and crucial stage, further judicial incarceration of the petitioner would serve no purpose. Moreover, the quantity of Methamphetamine seized in this case will fall under the 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 petitioner and the present stage of investigation, I am inclined to grant bail to the petitioner subject to the following conditions;

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

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

2. The petitioner 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 petitioner 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. Petitioner shall not leave India without permission of the jurisdictional Court.

5. Petitioner shall not commit any offence while on bail. 6. If the petitioner violates 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 passe