The court emphasizes the seriousness of the allegations and necessity of custodial interrogation in pre-arrest bail applications.

O R D E R

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.51/2023 of Excise Enforcement and Anti Narcotic Special Squad, Thrissur District. The offences alleged are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘NDPS Act’).

3. The prosecution case, in short, is that the applicant, along with accused No.1, stored 56.65 grams of MDMA for the purpose of sale in room Nos.302 and 304 of Volga Tourist Home in Thrissur village in contravention of the NDPS Act and Rules and thereby committed the aforementioned offences.

4. I have heard Sri.C.Dheeraj Rajan, 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 Senior 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. The contraband was seized from a hotel room. It is revealed that the hotel room was taken by the applicant and accused No.1. The identity card of the applicant was also seized from the hotel room.

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 Senior 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/-