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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking regular bail.
The applicant is the sole accused in Crime No.840/2026 of Perinthalmanna Police Station, Malappuram District. The offence alleged is punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
The prosecution case, in short, is that on 17.08.2026, a raid was conducted at Room No.104, ABC Apartments, Cheerattamanna, during which 5.01 grams of MDMA were seized from the possession of the applicant. The applicant thereby committed the aforesaid offence.
I have heard Smt.Krishnapriya Sreekumar, 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 17.08.2026. 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 direct possession of the applicant. Moreover, the applicant has criminal antecedents and he is involved in another crime of similar nature involving commercial quantity.
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.