1. Application for regular bail under the Bharatiya Nagarik Suraksha Sanhita for alleged offences involving possession and supply of contraband under the Narcotic Drugs and Psychotropic Substances Act. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Ker) 68231
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Fahad – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 6460 OF 2026
Important Points
Regular bail may be granted in NDPS cases when the investigation is substantially complete, recovery is effected, other accused are on bail, and the applicant has no prior similar criminal history, as continued detention serves no further purpose.
Subject
Criminal - Bail
Act Referred
Headnote
(A) Bail - Narcotic Drugs and Psychotropic Substances Act - Grant of regular bail - Where investigation is almost complete, recovery has been effected, and other co-accused are already on bail, continued detention is not warranted if the accused has no similar criminal antecedents. (Para 6)
Issues: Whether the applicant is entitled to regular bail given the stage of investigation and his personal antecedents.
Issues: Whether the applicant is entitled to regular bail given the stage of investigation and his personal antecedents.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Mohammed Ashraf
For the Respondents: Aneeda Beegum
For the Appellants/Petitioners: Mohammed Ashraf
For the Respondents: Aneeda Beegum
Table of Contents
2. Applicant contends innocence and lack of evidence connecting him to the crime, while prosecution argues the act was intentional and bail should not be granted at this stage. (Para 5 )
3. Court noted investigation is near completion, recovery is effected, co-accused are on bail, and the applicant has no similar criminal antecedents, rendering continued detention unnecessary. (Para 6 )
4. Continued pre-trial detention is not warranted when investigation is substantially complete, recovery is concluded, and the applicant does not have a criminal record of similar offences. (Para 6 )
5. Application for regular bail is allowed subject to terms regarding execution of bond, appearance, and conduct. (Para 6 )
6. What factors justify the grant of regular bail in NDPS Act cases when investigation is near completion?
Bail may be granted when the investigation is substantially advanced, recovery of contraband is already effected, the co-accused have been granted bail, and the applicant demonstrates a lack of criminal history regarding similar offences. (Para 6 )
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. The applicant is the accused No.3 in Crime No.635/2026 of Vadakkekara Police Station, Ernakulam District. The offences alleged are punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that on 26.07.2026 at 3.00 a.m., the accused No.1 was found in possession of 3.59 grams of MDMA near Moothakunnam Junction. The applicant is alleged to have supplied the contraband to the accused No.1 and thereby he committed the aforesaid offences.
4. I have heard Sri.Mohammed Ashraf, the learned counsel for the applicant and Smt.Aneeda Beegum, 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 30.09.2026. The investigation is almost over and the recovery has been effected. The remaining accused are already on bail. The applicant is not involved in any other crimes of similar nature. 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.
