The court determined that involvement in serious narcotic offences requires substantial grounds for bail, confirming the gravity of the applicant's actions.

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.2 in Crime No.551/2025 of Edakkad Police Station, Kannur District. The offences alleged are punishable under Sections 22 (c) and 20(b)(ii) (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS ACT)

3. The prosecution case, in short, is that on 14.08.2025 at 7.30 pm, the accused No.1 was found in conscious possession of 141.410 grams of MDMA and 21.610 grams of Hybrid Ganja kept in his house at Noonjikkavu, Attadappa desom, Edakkad amsom. During investigation it was found that the contraband was procured by the accused No.1 along with accused Nos. 2 and 3 from Bangalore and the accused No.2 financed the accused No.1 to procure the contraband.

4. I have heard Sri. Amaldev D.S,, 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 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 14.8.2025. 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. 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 investigation conducted so far would reveal that during the period from 2.6.2024 to 19.8.2025, a total sum of ₹1,14,051/- was transferred from the account of the applicant to the account of the accused No.1 through 65 transactions and a sum of ₹72,830/- was transferred from the account of the accused No.1 to the account of the applicant through 55 transactions. It is also found that there was financial transactions during this period from the account of the applicant to the account of the wife of the accused No.3.

8. 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 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/-