Bidhandas vs State Of Kerala - 2026 Supreme(Online)(Ker) 30952

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Ker) 30952

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Bidhandas – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2751 OF 2026

Important Points

Regular bail may be granted under S. 483 BNSS where the investigation is at an advanced stage, recovery is completed, and the accused has no prior criminal antecedents.

Subject

Criminal Law - Bail

Act Referred

Bharatiya Nagarik Suraksha Sanhita, 2023: S.483, S.47, S.35(1)(B)(II), S.48
Narcotic Drugs and Psychotropic Substances Act, 1985: S.20(b)(ii)B

Headnote

The application involves a petition for bail filed under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning an offence under S. 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was found carrying 1.118 Kg of dried ganja. The court examined whether continued detention was necessary, noting the completion of recovery and lack of criminal antecedents. The main issue was whether the applicant was entitled to bail despite the nature of the offence. The court reasoned that since the investigation was advanced, recovery had been effected, and the applicant had no criminal history, his freedom outweighed the requirement for continued custody. The bail application was allowed subject to the execution of a bond and strict conditions regarding future conduct and cooperation with the investigation.

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 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 24.04.2026. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. 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.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.