Involvement in similar narcotics offenses while on bail justifies denial of bail.

ORDER

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.1 in Crime No.883/2024 of Manjeri Police Station, Malappuram District. The offences alleged are punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

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

8.7.2024 at about 5 pm, the applicant and the accused No.2 were arrested by the detecting officer for possessing a total quantity of 37.080 grams of methamphetamine in contravention of the NDPS Act.

4. I have heard Sri. P. Mohamed Sabah, 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 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 granted bail by this Court on

11.9.2024 in B.A.No.6391/2024. However, as he was involved in a crime of similar nature, his bail was cancelled and he was remanded to judicial custody on 16.3.2025. Since the applicant is involved in crime of similar nature under the NDPS Act while on bail, he cannot be released on bail. The bail application, accordingly, is dismissed.

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