Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 2691

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DILDAR HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 281 OF 2026 | CRIME NO.25/2025

Advocates:
For the Appellants/Petitioners: SHRI.GAUTHAM KRISHNA E.J., SHRI.RINESH E.V.
For the Respondents: SMT.M.K. PUSHPALATHA, SR. PP

The court ruled that the lack of evidence and the applicants' clean record justified their release on bail.

Headnote:This application seeks bail under Section 483 of the BNSS, concerning allegations under the NDPS Act for the recovery of ganja from the applicants. The court found insufficient evidence linking the applicants to the crime, mandating bail. The key issues included the applicants' innocence versus prosecution claims. The court reasoned that continued detention was unwarranted given the lack of criminal history and near completion of the investigation. The bail application is allowed subject to conditions outlined.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with their respective references:

The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita seeking regular bail for the accused in a case involving recovery of ganja under the NDPS Act (!) (!) .
The accused were traveling in a private bus when 2 kilograms of ganja were recovered by the excise authorities, leading to charges under Sections 20(b)(ii)(B) and 29 of the NDPS Act (!) .
The defense argued that the accused are innocent and falsely implicated, with no material linking them to the crime, thus deserving bail (!) .
The prosecution contended that the incident was part of the accused's criminal acts and that bail should not be granted at this stage (!) .
The investigation was nearly complete, and the accused had no prior criminal record, which influenced the court's decision to grant bail (!) .
The court ordered the release of the accused on bail upon executing a bond of Rs. 1,00,000 each with two sureties of the same amount, to be approved by the Magistrate (!) .
Conditions for bail included full cooperation with the investigation, periodic appearance before the investigating officer, abstaining from committing similar offenses, avoiding contact with witnesses, and not leaving Kerala without permission (!) (!) (!) (!) .
Any modifications or cancellations of bail conditions should be filed in the jurisdictional court (!) .

Let me know if you need further analysis or assistance.

Table of Content
1. recovery of narcotics from the accused. (Para 2 , 3)
2. decision to grant bail based on evidence and prior conduct. (Para 4)
3. arguments regarding the connection of applicants to the crime. (Para 5)

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 applicants are the accused Nos.1 and 2 in Crime No.25/2025 of Excise Range Office, Parali, Palakkad District. The offences alleged are punishable under Sections 20(b)(ii) (B)

and 29 of the NDPS Act , 1985.

3. The prosecution case, in short, is that on 05.12.2025 at about 5.45 p.m., while the applicants were travelling as ordinary passengers in a private bus bearing registration No. KL-50-L-9500 from Palakkad to Kozhikode, the Excise party recovered 2 kilograms of ganja in contravention of the NDPS Act and Rules and thereby committed the offences.

4. I have heard Sri.Gautham Krishna E.J., the learned counsel for the applicants and Smt.M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on

05.12.2025. The investigation is almost over. The recovery has been effected. The applicants do not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

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

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

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

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

(v) The applicants 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 applicants 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/-

Click Here to Read the rest of this document

2026 Supreme(Online)(Ker) 2691

IN THE HIGH COURT OF KERALA AT ERNAKULAMDR. KAUSER EDAPPAGATH, JDILDAR HUSSAIN – AppellantVersusSTATE OF KERALA – RespondentBAIL APPL. NO. 281 OF 2026 | CRIME NO.25/2025

The court ruled that the lack of evidence and the applicants' clean record justified their release on bail.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DILDAR HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 281 OF 2026 | CRIME NO.25/2025