The court emphasized the need for substantial grounds to believe in the applicant's innocence concerning serious NDPS Act charges.

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.5 in Crime No.1004/2025 of Thenhipalam Police Station, Malappuram 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 on

19.12.2025, at about 4.30 p.m., the accused Nos.1 to 4 were found in possession of 239.14 grams of MDMA in contravention of the NDPS Act and Rules. It is further alleged that at the instance of the applicant, accused No.6 supplied the contraband to accused No.7, who supplied it to accused No.8, who in turn supplied to accused No.1 and thereby committed the offences.

4. I have heard Sri.Arun B., 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

22.12.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Since the quantity involved is commercial, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail.

7. The bank account statement of the applicant seized by the investigating agency reveals the involvement of the applicant in the crime. At the time of the arrest of the applicant, three mobile phones and ten ATM cards were seized from him. One of the ATM cards belongs to the accused No.6. The investigation shows that the applicant withdrew money using the ATM card of the accused No.6. On examination of the three mobile phones seized from the possession of the applicant, the involvement of the applicant in the crime is revealed. The investigation is in a preliminary stage. Moreover, the applicant has criminal antecedents. He is involved in three crimes of similar nature, out of which, two are under Section 22 (c) of the NDPS Act.

8. Having considered the submissions and after having gone through the materials on record, I am afraid that there are no substantial or probable causes for believing that the applicant is not guilty of the offences charged. The applicant has not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged.

Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-