The court permitted the accused to surrender and directed the Trial Court to consider the bail application expeditiously, preferably on the same day, without commenting on the merits or the rigors of Section 37 of the NDPS Act.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 20th day of August, 2026

The petitioner is the accused in S.C.No. 1959/2023 on the file of the Additional Sessions Court-I, Ernakulam (‘Trial Court’, for short), which has originated from Crime No. 900/2023 registered by the Palluruthy Kasaba Police Station, Ernakulam District, alleging the commission of the offences under Sections 20(b)(ii)(C), 8(c), 25, 27(A) and 29(1) of the Narcotic Drugs and Psychotropic Substance Act .

It is the petitioner's case that, by Annexure A2 order, the Trial Court had enlarged the petitioner on statutory bail. However, on the application filed by the State to cancel Annexure A2 order, this Court, by Annexure A3 order, cancelled Annexure A2 order on the ground that the Investigating Officer was granted a further time to complete the investigation. Although the petitioner filed an application to rehear Annexure A3 proceedings, by Annexure A4 order, this Court dismissed the said application. Now a non-bailable warrant is pending against the petitioner. The petitioner is ready and willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application may not be considered on the same day, and he may be remanded to judicial custody. Hence, the Crl.M.C.

I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

On a consideration of the facts and the materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C. by permitting the petitioner to surrender before the Trial Court, within a week from today and file an application to enlarge him on bail, provided he serves a copy of the application to the learned Public Prosecutor, in advance. If such application is filed within the prescribed time period, the Trial Court is directed to consider and dispose the application in accordance with law and as expeditiously as possible, preferably on the same day the petitioner surrenders before the Trial Court. It is made clear that this Court has not gone into the merits of the matter and has not expressed anything on the rigor applicable under Section 37 of the NDPS Act.