The court emphasized that the absence of sufficient evidence linked to the accused is crucial for granting bail under the NDPS Act.

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 accused No.10 in Crime No.446/2025 of Cherpulassery Police Station, Palakkad District. The offences alleged are punishable under Sections 20 (b)(ii)(C) and 25 r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act ,1985 (for short, 'the NDPS Act').

3. The prosecution case, in short, is that on

26.05.2025 at about 2:15 p.m., near Nellaya at Krishnappadi, the accused Nos.1 and 2 were found transporting 87.725 Kgs of ganja in 42 packets in a Wagon-R car bearing Registration No.KL-53T-6753 for the purpose of sale without any valid documents. They were arrested from the spot and the contraband articles and the vehicle were seized as per seizure mahazar. On investigation, it is revealed that accused Nos.3 to 8 have acted as accomplices in the transportation of ganja, accused No.9 arranged the ganja from Odisha and the applicant provided financial assistance to procure the same.

4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.K.A.Noushad, 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

19.09.2025. The investigation is almost over. Admittedly, no contraband was seized from the possession of the applicant.

It was seized from the possession of accused Nos. 1 and 2. Annexure -3 is the remand report. Page No. 58 of Annexure-3 would show that the only material available against the applicant is that on 18.05.2025 and 19.05.2025, he transferred sum of Rs.68,000/-, Rs.10,000/- and Rs.20,000/- to accused No.9. Apart from this, there are no other materials to connect the applicant with the crime. The applicant has given an explanation also for the said financial transactions. In these circumstances, I am of the view that rigour of Section 37 of the NDPS Act cannot be applied against the applicant. The applicant has been in judicial custody since 19.09.2025. He has no criminal antecedents. 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 t