Inadequate evidence connecting the accused to the alleged crime justifies bail under 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.3 in Crime No.675/2024 of Thampanoor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 22(c) and 27A read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

3. The prosecution case, in short, is that the accused No.1 was found in possession of 100 grams of MDMA at the KSRTC Bus Terminal, Thiruvananthapuram and the accused No.1 brought the said contraband from Bangalore after hatching conspiracy with the accused Nos. 2 and 3 and thereby committed the offences.

4. I have heard Sri.Mithun Praveen, the learned counsel for the applicant and Smt.V.Sreeja, 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

12.10.2024. I went through the final report. The contraband was seized from the possession of accused No.1. The allegation against the applicant and accused No.2 is that they hatched conspiracy with accused No.1 and brought the contraband from Bangalore. It is further alleged that, at the instruction of the applicant, accused No.1 transferred a total sum of Rs.1,00,000/- (Rupees One Lakh only) to the account of the accused No.2. Accused No.2 has already been granted regular bail by the Sessions Court. The allegation against the applicant also is more or less similar as that of against accused No.2. In the final report, the only material available to connect the applicant with the crime is the frequent phone calls between him and accused No.1. Admittedly, no amount was transferred to the account of the applicant. For these reasons, I am of the view that the rigor of Section 37 of the NDPS Act would not be attracted against the applicant. Considering the fact that the applicant has been in custody since 12.10.2024 and that the investigation is over and the final report has already been filed, I am of the view that he can be released on bail. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -