Muneer V.H vs State Of Kerala

This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking regular bail.

The applicant is the accused No.1 in Crime No.214/2025 of Mattancherry Police Station, Ernakulam District. The offences alleged are punishable under Sections 22(c), 27A read with 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

The prosecution case in short is that the applicant was found in possession of 51.870 grams of MDMA at House No.12/9, Panayappilly Kara, Mattancherry Village on 16/6/2025 at 21.50 hours in contravention of the NDPS Act and Rules. It is further alleged that the applicant procured the contraband from the accused No.2 and the accused No.3 provided financial assistance for the same.

I have heard Adv. Minimol K.M., 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 17.6.2025. 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. 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 possession of the applicant as well as from the rented premises of the applicant. Moreover, the applicant has criminal antecedents. He is involved in another crime of similar nature.

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 applicant is not guilty of the offences charged. The applicant has not been able to point out the existence of any such facts or circumstances as are sufficient to justify recording a finding that he is not guilty of the offences charged. There is no change of circumstances after the dismissal of the earlier bail application. 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.