The court held that prior involvement in similar offenses justified the denial of bail.

O R D E R

Dated this the 30^th day of January, 2026 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.1 in Crime No.701/2024 of Walayar Police Station, Palakkad District. The offences alleged are punishable under Sections 8 (c) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that the applicant along with the accused No.2 was found in possession of 14.736 kgs of ganja on 18.08.2024 at 09:45 p.m, in contravention of the NDPS Act and thereby committed the above offences.

4. I have heard Sri. V.A.Vinod, the learned counsel for the applicant and Sri. M.C.Ashi, 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. 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. The applicant was granted bail by this Court. Thereafter, the applicant was involved in a similar offence. His bail was cancelled, he was re-arrested and now he is in custody since 05.05.2025. It is also reported that the applicant is involved in two other crimes of similar nature. Since the applicant was involved in a crime of similar nature during bail, he cannot be released on bail. The bail application, accordingly, is dismissed.

Sd/-