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2026 Supreme(Online)(Ker) 29765

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Sarafudheen A – Appellant
Versus
State Of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shabu Sreedharan
For the Respondents: M.C. Ashi

Table of Content
1. overview of charges and procedural history regarding ndps act violations for commercial quantity possession. (Para 1 , 2)
2. summary of rival contentions regarding innocence versus gravity of the alleged criminal acts. (Para 4 , 5)
3. application of section 37 ndps act criteria for bail in cases involving commercial drug quantities. (Para 7 , 8)

ORDER

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

2. The applicants are the accused Nos.2 and 4 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 accused No.5, 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.Shab

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