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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.3 in Crime No.645/2026 of Valappad Police Station, Thrissur District. The offence alleged is punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).
The prosecution case, in short, is that on 14.07.2026 at 17:20 hours, the accused Nos.1 and 2 were found in possession of 20.18 grams of MDMA in the bedroom of the accused No.1 at house bearing No.3/292, Muthangadi, Valappad village. The detecting officer also seized ₹94,500/-, 5 mobile phones, 4 SIM cards, two glass test tubes, Aadhar card, driving license, purse, ziplock cover, plastic bottle, pouch of the accused No.2 and a car bearing registration No.KL-45-Z-4863, in contravention of the provisions of the NDPS Act. After preliminary enquiry, it is found that the applicant is also involved in this crime and thereby committed the above offence.
I have heard Sri.Aneesh K.R., 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 21.09.2026. The learned Public Prosecutor submits that, after the chemical analysis, the contraband seized was found to be Methamphetamine and not MDMA. Hence, it is an intermediate quantity, and the rigour under Section 37 of the NDPS Act would not apply. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.