A change in circumstances justified granting bail despite initial denial due to lack of strong evidence.

ORDER

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 accused No.3 in Crime No.743/2025 of Kalady Police Station, Ernakulam District now pending as S.C.No.1678/2025 on the files of the Additional District and Sessions Court-I, North Paravur. The offences alleged are punishable under Section s 8 (c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act), Section 125 of the Bharatiya Nyaya Sanhita , 2023 and Section 199(A) of the Motor Vehicles Act , 1988.

3. The prosecution case, in short, is that the accused Nos. 1 to 4 and one CCL who is arrayed as the accused No.5 together decided to procure methamphetamine from Bangalore and accordingly, the accused Nos. 1 and 2 went to Bangalore and procured 99.40 gms of MDMA and brought to Kerala on 28.5.2025. While the accused Nos. 1 and 5 were transporting the contraband in a scooter bearing registration No.KL-41-A-1263 at 10.05 am on 28.5.2025, they were intercepted by the police and the contraband were seized. It is alleged that the applicant gave financial assistance to the accused No.2 to procure the contraband. Thus the applicant and the remaining accused have committed the above offences.

4. I have heard Sri. Ajeesh M. Ummer, the learned counsel for the applicant and Sri. K.A. Noushand, 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 moved an application for regular bail as B.A.No.13744/2025 before this Court during the crime stage. It was dismissed on 24.11.2025 holding that the bar under Section 37 of the NDPS Act is applicable to the facts of the case and that the applicant has criminal antecedents. The learned counsel for the applicant submitted that after the disposal of the above bail application, the final report has been filed and there is nothing in the final report to connect the applicant with the crime and hence, there is a change of circumstances. I find some force in the said submission. 7. I went through the final report. The allegation against the applicant is that, he along with the accused Nos. 1 and 2 decided to procure the contraband from Bangalore and accordingly, accused Nos. 1 and 2 went to Bangalore and procured the contraband. It is also alleged that the applicant had given ₹90,000/- to the accused No.2 to procure the contraband. However, no material could be collected by the investigating agency to prove the said financial transaction between the applicant and the accused No.2. A perusal of the final report would show that the only material collected by the investigating agency to connect him with the alleged offence is few telephone calls and Whatsapp chats between him and the accused Nos. 1 and 2. The applicant is in custody for the last more than four months. The learned counsel for the applicant submitted that in all the cases allegedly pending against the applicant and pointed out by the learned Senior Prosecutor, he was already acquitted. Considering all these facts and circumstances, I am of the view that the rigor of Section 37 of the NDPS Act would not be attracted against the applicant and he can be released on bail.

In the result, the application is allowed on t