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Judgment
ORDER
This is the third application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, seeking regular bail.
The applicants are the accused Nos.1 and 2 in Crime No.155/2026 of Thamarassery 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 at 00.53 hours on 14.02.2026, the applicants along with the accused No.3 were found transporting 73.314 grams of MDMA on a motorcycle bearing registration No. KL-11-AU 3362 and thereby the applicants committed the offences.
I have heard Adv. Aswathi Saseendran, the learned counsel for the applicants and Sri. V. Vinay, the learned Senior 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 Senior Public Prosecutor 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 14.02.2026. 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 learned counsel further submitted that the grounds of arrest were not duly communicated to the applicants and their relative. The counsel also submitted that there is total non-compliance of Section 42 of the NDPS Act.
The records would show that the applicants along with the remaining accused were travelling on a motor bike bearing Regn.No.KL-11 AU 3362 which was intercepted by the police party. The contraband was seized from the motor bike. Therefore, the involvement of the applicants is clearly revealed. The learned counsel for the applicants submitted that in fact two motor bikes bearing Regn. Nos. KL-11 AU 3362 and KL-76 C 0256 were confiscated and there is nothing on record to show that the applicants were travelling on the motor bike bearing Reg. No.KL-11 AU 3362 from which the contraband was seized. The applicants have no case in the bail application that they were not travelling in the motor bike bearing Reg. No.KL-11 AU 3362. That apart, the investigation reveals that the applicants along with the remaining accused went to Bangalore in the motor bike bearing Regn. No. KL-76 C 0256 and on their way back, the said bike sustained some mechanical defect and they switched over to motor bike bearing Regn. No. KL-11 AU 3362.
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. There is also no change in circumstance after the dismissal of the earlier bail applications. 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 application, accordingly, is dismissed.