The court allowed the bail application due to insufficient evidence connecting the applicant to the crime, emphasizing the applicability of Section 37 of the 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.8 in Crime No.342/2023 of Ambalamedu Police Station, Ernakulam District. The offences alleged are punishable under Sections 20 (b)(ii)(B) and 29 of Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘NDPS Act’).

3. The prosecution case, in short, is that on 06.04.2023 at

4.20 p.m., accused Nos.1 to 7 were found in possession of 15.400 kilograms of ganja. It is further alleged that it was the applicant who supplied the contraband to accused Nos.1 to 7.

4. I have heard Sri.Balamurali K.P., 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 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

18.03.2025. The investigation is over and charge sheet has already been filed. Admittedly, the contraband was not seized from the possession of the applicant. It appears that the applicant has been implicated as the accused on the basis of the confession statement of accused Nos.1 and 4 that it was the applicant who supplied the contraband to them. Apart from the said confession statement, there are no other materials to connect the applicant with the crime. Hence, I am of the view that rigour of Section 37 of the NDPS Act would not be attracted against the applicant. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to 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 not commit any offence of a like nature while on bail.

(iii) 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 tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-