Bail under Section 37 of the NDPS Act requires belief in the accused's innocence and lack of risk for further offenses.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 , seeking regular bail.

2. The applicant is the sole accused in Crime No.321/2024 of Chevayoor Police Station, Kozhikode District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act). 3. The prosecution case, in short, is that on 11.04.2024 at around 14.25 hours, the detecting officer received reliable information that someone named Afnas is keeping possession of contraband in House No. XIV/405 at Padinjattumuri, Poothangara, Kakkodi Amsom. After completing the procedures prescribed by law, he reached the house of the applicant by 14.25 hours and on conducting search, 110.750 grams of MDMA and 0.730 grams of LSD were seized from the house in violation of the provisions of the NDPS Act and Rules.

4. I have heard Sri.Renjith B.Marar, 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. The applicant was remanded to judicial custody on 26.11.2024. 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. 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.

7. The contraband was seized from the bedroom of the house where the applicant was residing. The learned counsel for the applicant submitted that the applicant belongs to a joint Muslim family and so many persons are also residing in the house. However, the sister of the applicant pointed out that the room from where the contraband was seized was the bedroom of the applicant.

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/-