Accused entitlement to bail affirmed, emphasizing lack of direct evidence linking to drug offenses 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.4 in Crime No.1665/2023 of Anchal Police Station, Kollam District. The offences alleged are punishable under Sections 22 (c), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that accused No.1 was found in possession of 0.19 grams of LSD stamps and 4.67 grams of ganja in contravention of the NDPS Act and Rules and thereby committed the aforementioned offences. It is further alleged that during the investigation it was found that the applicant supplied the contraband to accused No.1.

4. I have heard Smt.Sailakshmi Menon, 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 surrendered on 29.10.2024 and since then he is in judicial custody. It is submitted that the remaining accused are on bail, of course, on the ground of non- communication of the grounds of arrest. Admittedly, no contraband was seized from the possession of the applicant. I went through the final report. One of the materials in the final report to connect the applicant with the crime is the financial transactions between accused Nos.1 and 3 with him. It is seen that accused No.1 has sent Rs.2,500/- and accused No.3 has sent Rs.11,500/- to the account of the applicant on 24.12.2023. Apart from that, it is stated in the final report that there were frequent telephone conversations between the applicant and the remaining accused. However, the CDR pertaining to the telephone number of the applicant does not form part of the final report. It is submitted by the learned Senior Public Prosecutor that the applicant has criminal antecedents. However, considering the fact that no contraband was seized from the possession of the applicant and the only material available on record is the aforementioned financial transactions, I am of the view that the rigour of Section 37 of the NDPS Act cannot be attributed against the applicant. 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