Bail under NDPS Act requires meeting specific conditions; mere custody duration is insufficient for bail.

O R D E R

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ).

2. Petitioner is accused No.3 in Crime No.214 of 2025 of Mattancherry Police Station, Ernakulam District. The above crime is registered against the petitioner and other accused alleging offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

3. The prosecution case is that, on 16.06.2025 at about 21:50 hours, 51.870 grams of MDMA was seized from the house of accused No.1. According to the prosecution, accused Nos. 1 to 3 had hatched conspiracy to transport the MDMA and had financial transactions between them for the said purpose and thus the accused have committed the above offences.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and that there are no materials to connect him with the alleged crime. It was contended that he has been falsely implicated. It was further submitted that the petitioner has been in custody since 11.07.2025, that his further detention is not necessary, and that he may be released on bail.

5. On a perusal of the records, it is revealed that, prima-facie, there are ample materials to connect the petitioner/accused No.3 with the alleged crime. The quantity of MDMA involved in this case is a commercial quantity.

6. A reading of Section 37 of NDPS Act, 1985 would show that the exercise of power to grant bail is not only subject to the limitation contained in Section 439 Cr.P.C., but also subject to the limitations placed by which commences with non-obstante clause. The twin relevant conditions are (1) the satisfaction of the court that the accused is not guilty of the alleged offence and that (2) he is not likely to commit any offence while on bail.

7. The materials produced by the prosecution reveal that the above twin conditions are not satisfied in this case. Hence, I am not inclined to grant bail to the petitioner, especially since the quantity involved is a commercial quantity. The Apex Court has held that the period of incarceration is not a ground to grant bail in NDPS cases involving commercial quantity.

The bail application is accordingly dismissed.