Statutory bail granted under BNSS Section 187(3) due to delayed final report in NDPS case despite near-complete investigation.

O R D E R

This petition seeking regular bail has been filed by the sole accused in Crime No.130 of 2026 of Cheruthuruthy Police Station, Malappuram, registered for the offences punishable under Sections 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘the NDPS Act’].

2. The prosecution allegation is that on 17.02.2026 at about

2.15 a.m., near to a bus stop in front of Panchakarma Ayurvedic Hospital, Cheruthuruthy, the accused was found in possession of 2Kg. of dried ganja for the purpose of sale in violation of the provisions of the NDPS Act and thereby committed the offences aforementioned offences.

3. The learned Counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against him and he is arrayed as an accused in this case on the basis of some surmises and conjunctures. According to the Counsel, the petitioner has no connection whatsoever with the contraband seized in this case and his innocence would be revealed at the time of trial. The learned Counsel further pointed out that even after 65 days of judicial incarceration, the final report has not yet filed in this case and hence the petitioner is entitled for statutory bail as provided in Section 187(3) of the BNSS as well.

4. The learned Public Prosecutor also fairly conceded the fact that the investigation in this case is not completed and the final report has not yet submitted within the statutory period and hence the petitioner is entitled for default bail.

5. The allegation that the petitioner ventured to possess dried ganja for the purpose of sale regardless of the prohibition contained under the NDPS Act cannot be viewed lightly. Any how, the petitioner was caught red handed with the contraband on 17.02.2026 and on the same day he was produced before the jurisdictional Court and remanded to judicial custody. From the submission made by the learned Public Prosecutor it is discernible that even after 65 days of judicial custody, final report has not yet filed in this case although the investigation is in the final stage. Therefore, as rightly pointed out by the learned Counsel for the petitioner, the petitioner is entitled to get statutory bail in view of the provision contained in Section 187(3) of the BNSS. More over, as rightly pointed by the learned Counsel for the petitioner, the petitioner was caught red handed with the contraband on 17.02.2026 and the search and seizure procedures were completed from the place of detection itself. The witnesses acquainted with the facts and circumstances of the case were already interrogated and their statements have been recorded. Therefore, although no final report has been filed, the investigation in this case is practically completed.

Considering all the above said aspects, I am inclined to allow this bail application, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, each for the like sum, to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall appear before the Investigating Officer every Monday between 10:00 a.m. and 11:00 a.m. for a period of three months or until the filing of the final report, whichever is earlier.

(iii) The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

(iv) The petitioner shall not leave India without prior permission of the jurisdictional Court.

(v) The petitioner shall not commit any offence while on bail.

(vi) If the petitioner violates any of the above condition, the Invest