Regular bail may be granted in NDPS cases when the investigation is substantially complete, recovery has been made, and the accused has no prior criminal record, provided continued detention is not necessary for the purpose of the investigation.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

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

The applicant is the accused No.2 in Crime No.67/2026 of Kottayam Excise Range Office, Kottayam District. The offences alleged are punishable under Sections 22(b), 28, 29 and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, in short, is that the Excise officials searched the vehicle bearing registration No.KL-55-AM- 5272 at about 11:15 p.m. on 10.08.2026 near the KSRTC Bus Stand, Vayaskarakunnu, Kodimatha Kara, Kottayam Village, and recovered 6.078 grams of Methamphetamine from the pocket of the driver’s seat.

I have heard Sri.P.C.Anil Kumar, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

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 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.

The applicant was remanded to judicial custody on 11.08.2026. The investigation is almost over and 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.