The court determined that lack of direct evidence ties the accused to the crime, allowing bail under certain conditions.

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.622/2022 of Pandikkad Police Station, Malappuram District. The offences alleged are punishable under Sections 22 (c) r/w 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

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

26.11.2022 at 09:15 pm, at Kakkulam high schoolpadi in Pandikkad amsom, accused Nos.1 and 2 were found to have transported 103.5 grams of methamphetamine in a car bearing Reg. No.KL-59-B-5712, in pursuance of criminal conspiracy among accused Nos 1 to 4, which was purchased with the aid of the applicant and the accused No.4. Thus, the applicant committed the above offences.

4. I have heard Sri.Reghu Sreedharan, 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. 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. Originally, there were four accused. The applicant herein was accused No.3, and one Mr. Sudheesh was accused No.4. Accused Nos.1 and 2 alone faced trial in S.C. No. 630 of 2023 on the files of the Special Court for SC/ST (POA) Act and NDPS Act Cases, Manjeri. As per Annexure 2 judgment, they were convicted. The case against the applicant and accused No.4 was split up and refiled as S.C. No. 1159 of 2024. Annexure 1 final report shows that, at the time of registration of the crime and filing of the final report, the applicant was abroad. Hence, he could not participate in the trial. Thereafter, pursuant to the order of this Court in Annexure 3, the applicant surrendered before the trial court on 05.01.2026 and was remanded to judicial custody.

7. Admittedly, no contraband was seized from the possession of the applicant. The contraband was seized from the possession of accused Nos.1 and 2. The allegation against the applicant is that he received a sum of Rs.85,000/- from accused No.1, out of which he transferred Rs.74,500/- to accused No.4. It is alleged that the said amount was meant for procuring the contraband. Apart from these financial transactions, there is nothing to connect the applicant with the crime. The accused No.4, who stands on the same footing, was granted bail by this Court as per Annexure 5 order. For these reasons, I am of the view that the rigour of Section 37 of the NDPS Act cannot be attributed to the applicant, and he can 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 fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) 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 tampe