A defendant is entitled to bail when continued detention is not warranted, as determined by a lack of evidence linking them to the alleged crime.

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 sole accused in Crime No.80/2025 of Kayamkulam Excise Range OfÏce, Alappuzha District. The offence alleged is punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, NDPS Act).

3. The prosecution case, in short, is that on 28.07.2025 at

10.50 p.m., the applicant was found in possession of 1.195 kilograms of ganja for the purpose of its sale near Dilo Agencies at Pullikanakku in Kayamkulam village in contravention of the NDPS Act and Rules and thereby committed the aforementioned offence.

4. I have heard Sri.Lloyd John, 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 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

29.07.2025. The investigation is over and the final report has been filed. 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 not commit any offence of a like nature while on bail.

(iii) 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.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-