The court established that the seriousness of the charges and the need for custodial interrogation outweighed the appellant's claim for bail.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.2 in Crime No.927/2023 of Pozhiyoor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 20(b) (ii)(A), 25 and 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

11.11.2023, the accused No.1 was found transporting 175 grams of methamphetamine and 2.03 grams of ganja inside the dashboard of the car bearing registration No.KL-01/P-1230 and when the police intercepted the vehicle, he fled from the scene. It is alleged that the applicant conspired with accused No.1 and bought and transported the contraband.

4. I have heard Sri.Shajin S. Hameed, the learned counsel for the applicant and Sri.K.A. Noushad, 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 under Section 482 of BNSS could 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. According to the prosecution, it was at the instance of the applicant that the accused No.1 brought and transported the contraband. The statement of CW14 shows that the car in which the contraband was transported was hired by him for the applicant from one Kevin. His statement alone is sufficient to connect the applicant to the crime. There are also other materials on record to connect the applicant with the offence.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned 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/-