AI Structured Summary
Not yet generated for this judgment
Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), seeking regular bail.
The applicant is the accused No.2 in Crime No.64/2026 of Kazhakkoottam Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
The prosecution case, in short, is that on 11.01.2026 at about 10:00 hours the applicant and the accused No.1 so as to manifest the object of their conspiracy, collected and stored Ganja having quantity of 1.982 kilograms for illicit sale and stored the same in the rented house occupied by the accused No.1 at the first floor of the residential building bearing No. Sree Nagar SRA-82 and thereby committed the aforementioned offence.
I have heard Sri.Shajin S. Hameed, the learned counsel for the applicant and Sri.V.Vinay, the learned Senior 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 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.
The applicant was remanded to judicial custody on 02.02.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The contraband was seized from the room occupied by the applicant. The statement of the landlord of the room as well as the copy of the rent deed would show that the applicant was in possession of the building. Moreover, the applicant has criminal antecedents. He is involved in another crime involving commercial quantity.
The applicant has also taken a contention that there was non compliance of Section 48 of the BNSS. However, the records would show that the grounds for arrest were duly communicated to the wife of the applicant. So far as the contention regarding violation of Section 42 of the NDPS Act is concerned, it cannot be adjudicated at this stage.
Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.