Intermediate quantity NDPS offence with completed investigation warrants bail absent linking evidence.

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 sole accused in Crime No.89/2026 of Kasaragod Police Station, Kasaragod District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act (for short, the NDPS Act).

3. The prosecution case, in short, is that on 9.2.2026 at about 18.15 hours, at Vidyanagar in Kasaba village, the applicant was found in possession of 49.14 grams of MDMA in a car bearing Registration No. KL 14AE 0677 for its illicit sale in contravention of the NDPS Act and thereby committed the offence.

4. I have heard Smt. Ann Susan George, 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. The applicant was remanded to judicial custody on 9.2.2026. The investigation is almost over. The recovery has been effected. The learned Senior Public Prosecutor submitted that the chemical analysis report shows that the contraband seized from the applicant is not MDMA but methamphetamine. Hence the quantity is intermediate. 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.