The court affirmed that bail under the NDPS Act requires clear evidence of innocence, particularly in serious drug cases.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail.

2. The applicant is the accused No.1 in Crime No.46/2024 of the Excise Enforcement and Anti Narcotic Squad, Kollam District. The offences alleged are punishable under Sections 22 (c), 22(b)(ii)(A), 25 read with 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS ACT).

3. The prosecution case, in short, is that on 15.10.2024 at about 3 p.m., the applicant was found in possession of 104.622 grams of MDMA and 106.538 grams of ganja, kept in a scooter bearing registration No.KL-31D-8701 and thereby committed the offences.

4. I have heard Sri.Jison Joy, the learned counsel for the applicant and Smt.Sreeja V., 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

15.10.2024. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Since the quantity involved is commercial, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail.

7. Having considered the submissions and after having gone through the materials on record, I am afraid that there are no substantial or probable causes for believing that the applicant is not guilty of the offences charged. The contraband was seized from the scooter driven by the applicant. The applicant has not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged.

Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-