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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.166/2025 of Elamakkara Police Station, Ernakulam District, now pending as SC No.1310/2025 on the files of Additional District and Sessions Court-II, North Paravur, Ernakulam District. The offence alleged is punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').
The prosecution case, in short, is that on 30.03.2025 at about 06.00 a.m., the applicant was found in possession of 508.40 grams of MDMA, Electronic Weighing Machine, polythene covers and currency notes from the first floor of the three storied building No.34/1865A, near Lourde Matha church Road, Edappally South Village. Thus, the applicant committed the aforementioned offence.
I have heard Sri.P.Mohamed Sabah, 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 entitled to be released on bail since he has been in custody for more than one year and seven months and there is no possibility of concluding the trial within a reasonable time. On the other hand, the learned Public Prosecutor submitted that the offence under the NDPS Act would fall under the category of “grave offence” and long incarceration alone should not be the criterion while considering the bail application.
This Court in Abid v. State of Kerala [2026 KLT OnLine 1211], has held that the period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under the NDPS Act in a case where the embargo under Section 37(1)(b) of the NDPS Act is attracted, or the accused has criminal antecedents. In V.Senthil Balaji v. Deputy Director, Directorate of Enforcement [2024 SCC OnLine SC 2626], the Supreme Court clarified that in a case where the accused has criminal antecedents, the Constitutional Court can refuse to exercise jurisdiction to grant bail on the ground of long incarceration.
In this case, it is reported that the applicant has criminal antecedents. He is involved in another crime under Section 22(c) of the NDPS Act.
For the aforementioned reasons, I have no hesitation in holding that the applicant cannot be released on bail on the ground of prolonged incarceration. The bail application fails, and it is accordingly dismissed.