Bail cannot be granted under the NDPS Act without reasonable grounds for believing in the accused's innocence.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking regular bail.

2. The applicant is the accused No.5 in Crime No.841/2022 of Karunagapally Police Station, Kollam 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 20.06.2022 at 11.20 a.m., the police party attached to Karunagappally Police Station restrained accused 1 and 2 at a place near the Valiyath Hospital at Karunagappally and seized 71.19 grams of MDMA. Upon analysis, the contraband article was found to be Methamphetamine. However, the quantity involved is commercial quantity. The allegation against the applicant is that it was the applicant who obtained and handed over the contraband article to accused Nos.1 and 2 within the State of Karnataka and thereby committed the offences.

4. I have heard Sri.Bijith S. Khanshanavas, the learned counsel for the applicant and Smt. Sreeja V., 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

24.10.2025. 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. It is true that the contraband was seized from the accused Nos.1 and 2. But the definite case of the prosecution is that, it was supplied by the applicant to the accused persons at Bangalore. Even in the FIS, the name of the applicant has been stated. The call detail records would show that there were frequent telephonic calls between accused Nos.2 and 5 immediately prior to the date of seizure. That apart, the investigation so far conducted reveals that money to purchase the contraband was transferred to the account of the friend of the applicant as instructed by accused No.4.

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/-