1. Accused seeking regular bail under Section 483, Bharatiya Nagarik Suraksha Sanhita, after being found in possession of Narcotic Drugs and Psychotropic Substances. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Ker) 74844
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Sujith M Saged – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 6818 OF 2026
Important Points
The court granted regular bail to an accused under the NDPS Act because the investigation was nearly complete, recovery had been made, and the applicant had no prior criminal record, making continued detention unnecessary.
Subject
Criminal Law - Bail
Act Referred
Headnote
(A) Bail - NDPS Act - Possession of small quantity - Grant of regular bail where investigation is almost complete, recovery is effected, and the accused has no criminal antecedents. (Para 6)
Issues: Whether the applicant is entitled to regular bail in connection with the alleged possession of 1.44 grams of MDMA.
Issues: Whether the applicant is entitled to regular bail in connection with the alleged possession of 1.44 grams of MDMA.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: K.B. Gangesh, Smitha Chathanarambath, Athira A. Menon, Harry
For the Respondents: Aneeda Beegum
For the Appellants/Petitioners: K.B. Gangesh, Smitha Chathanarambath, Athira A. Menon, Harry
For the Respondents: Aneeda Beegum
Table of Contents
2. The applicant claims innocence and lack of incriminating evidence, while the prosecution opposes bail citing intentional criminal acts and the nature of the offence. (Para 5 )
3. Court noted investigation is nearly complete, recovery is finished, and the applicant lacks criminal antecedents, rendering continued detention unnecessary. (Para 6 )
4. Bail is granted when investigation is advanced, recovery is effected, and the accused lacks criminal antecedents, as continued incarceration is not essential for the investigation. (Para 6 )
5. Application for regular bail allowed subject to the execution of a bond with two solvent sureties and specified restrictive conditions regarding cooperation and conduct. (Para 6 )
6. What primary factors justify the grant of regular bail in cases involving the Narcotic Drugs and Psychotropic Substances Act when investigation is at an advanced stage?
The court considers the completion of the investigation, the recovery of the alleged contraband, and the absence of any criminal antecedents to determine that continued judicial detention is unnecessary. (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.2 in Crime No.1220/2026 of Ollur Police Station, Thrissur District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).
3. The prosecution case, in short, is that on 06.10.2026 at about 10.55 p.m., the applicant and the accused No.1 were found in possession of 1.44 grams of MDMA while travelling in an autorickshaw bearing registration No.KL-08-BT-8566 and thereby committed the aforesaid offences.
4. I have heard Sri. Ganesh K.B, 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 07.10.2026. 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.
