The Court determined that a bail application in severe narcotics cases requires substantial proof of innocence which was not established, leading to denial of bail.

O R D E R

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

2. The applicant is the accused No.1 in Crime No.1415/2025 of Kollam West Police Station, Kollam District. The offences alleged are punishable under Sections 22 (c), 20 (b)(ii)A read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act). 3. The prosecution case, in short, is that on

24.08.2025, the applicant was found in possession of 73.75 grams of MDMA and 2.29 grams of ganja, in contravention of the NDPS Act and Rules and thereby committed the offences.

4. I have heard Sri.M.D.Sreeraj, 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 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

24.08.2025. 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 contraband was seized from the direction possession of the applicant. The applicant has also taken a ground that the grounds for arrest were not communicated to him or his relatives. However, the records would show that they were properly communicated. The applicant has taken another ground that the charge sheet filed was incomplete, inasmuch as the chemical analysis report did not form part of the charge sheet. However, the learned Senior Public Prosecutor has taken me through the final report. It would show that chemical analysis report had already been submitted along with the final report.

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.