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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 accused No.2 in Crime No.877/2026 of Aluva East Police Station, Ernakulam District. The offences alleged are punishable under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
The prosecution case, in short, is that on 08.08.2026 at about 7.15 p.m. the applicant was intercepted near Thayees Wedding at Aluva Pump Junction by the traffic police and his bag was searched. It is alleged that 87 grams of Heroin was recovered from the bag and that the applicant assaulted the police officer and fled from the spot and thereby committed the aforementioned offences.
I have heard Sri.S.K.Adhithyan, 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 19.08.2026. 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 on 08.08.2026 from the bag carried by the applicant. Thereafter, the applicant fled from the spot and went to Assam. He could be apprehended only on 19.08.2026.
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.