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Judgment
These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
The applicant in B.A. No.6670/2026 is the accused No.1 and the applicant in B.A. No.6672/2026 is the accused No.3 in Crime No.554/2026 of Perambra Police Station, Kozhikode District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
The prosecution case, in short, is that the accused are part of a drug trafficking syndicate. The accused conspired together for transportation and sale of narcotic drugs, and in pursuance of the said conspiracy, at 00.30 hours on 18.07.2026, the applicants and the accused No.2 were found in conscious possession and transportation of 51.432 grams of MDMA (now identified as Methamphetamine) in a white car bearing registration No.KA-53-MD-5418 at Muliyangal-Valiakkode junction, Nochad village, Koyilandy Taluk. The accused possessed Methamphetamine in violation of Section 8(c) of the NDPS Act and thereby committed the aforesaid offences.
I have heard Sri.Athul Krishna N.S., the learned counsel for the applicants, Smt.Aneeda Beegum, the learned Senior Public Prosecutor and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Public Prosecutors submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.
The applicants were remanded to judicial custody on 18.07.2026. A perusal of the case diary would reveal that the accusation against the applicants is very serious, and it prima facie shows a premeditated criminal act on their part. Since the quantity involved is commercial, the jurisdiction of this Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail.
The contraband was seized from the car in which the applicants, along with the accused No.2, were travelling.
Having considered the submissions and after having gone through the materials on record, I am afraid that there are no substantial or probable causes for believing that the applicants are not guilty of the offences charged. The applicants have not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that they are not guilty of the offences charged.
Considering the nature of the crime, the gravity of the offence, the complicity of the applicants in it, and the facts and circumstances mentioned above, I am of the view that the applicants cannot be released on bail at this stage. The bail applications, accordingly, are dismissed.