Pre-arrest bail under BNSS is not automatic; serious allegations require substantial justification for release.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the accused in Crime No.10/2025 of Excise Range Office, Balussery, Kozhikode District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act)

3. The prosecution case, in short, is that on 19.02.2025 at 4.10 am, the excise officers allegedly recovered 74.165 grams of methamphetamine from the applicant's residence purportedly kept for sale in contravention of the NDPS Act. 4. I have heard Sri. S. Sunil Kumar, 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. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The law regarding the grant or refusal of pre- arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power underSection 482ofBNSScould be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, 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 ofSection 37of 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. 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.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed. Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 14069 OF 2025 PETITIONER ANNEXURES Annexure-A CERTIFIED COPY OF THE ORDER IN CRLMC NO:1878/2025 OF THE COURT OF THE SPECIAL JUDGE (NDPS ACT CASES), VATAKARA DATED