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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


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

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 impl

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