The court determined that continued detention was unnecessary as the applicant presented no substantial evidence of guilt, thus granting bail.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.507/2025 of Vidhyanagar Police Station, Kasargode District. The offences alleged are punishable under Sections 22 (b) and 20(b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

3. The prosecution case, in short, is that on 1/07/2025 at about 12.50 at Pannippara in Muttanthodi Village, the applicant was found to be in possession of 16.8gms of MDMA and 2.1 gms of Ganja kept in a car bearing Registration number KL-14 R1436, for its illicit sale in violation of NDPS Act and thereby committed the above said offences.

4. I have heard Shri.M.H.Hanis, the learned counsel for the applicant and Sri.M.C.Ashi, 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 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 he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

01.07.2025. The investigation is over and the final report has already been filed. It is true that the applicant is involved in four other similar cases. However, it is submitted that three of those cases involved small quantities under Section 27(b) of the NDPS Act and all the cases are disposed of. The fourth case is under Section 22 (b) of the NDPS Act. The contraband involved in the said case is 3.7 grams of MDMA. It is submitted that he is on bail in that case. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-