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2026 Supreme(Online)(Ker) 30952

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


Advocates:
For the Appellants/Petitioners: P.Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R.Gayathri, M.Mahin Hamza, Alwin Joseph, Benson Ambrose
For the Respondents: M.C. Ashi

Table of Content
1. provisions of bnss and ndps act regarding bail eligibility for alleged narcotics possession. (Para 1 , 2)
2. judicial discretion in granting bail based on investigative status and criminal history. (Para 4 , 5 , 6)

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.55/2026 of Muvattupuzha Excise Range Office, Ernakulam District. The offence alleged is punishable under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

3. The prosecution case, in short, is that on

24.04.2026, at about 10.45 hours, the applicant was found in possession of 1.118 Kg of dried ganja in the plastic cover carried by him at Mulavoor Village, and thereby committed the aforementioned offence.

4. I have heard Sri.P.Mohamed Sabah, the learned counsel for the applicant and Sri.M.C. Ashi, 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

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