Sijas P.A vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

The applicant is the sole accused in Crime No.22/2026 of Kalamassery Police Station, 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 07.01.2026, at 08:55 p.m., the applicant was found in possession  of  29.16  grams  of  MDMA  in  front  of  the State Bank of India, Unnichira franchise, Kalamassery in contravention  of  the  NDPS  Act  and  thereby  committed  the offence.

I have heard Sri. Mansoor Ali, the learned counsel for the applicant and Sri. M.C.Ashi, 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 07.01.2026. The investigation is almost over. The applicant has no criminal antecedents. On chemical analysis, it is reported that the contraband seized from the possession  of  the  applicant  is  only  methamphetamine  and hence, falls within the intermediate quantity. Therefore, the rigor of Section 37 of the NDPS Act would not be attracted. 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: -

(i) 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.

(ii) The applicant shall fully co-operate with the investigation.

(iii) 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.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) 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.

(vi) The  applicant  shall  not  leave  the  State  of Kerala without the permission of the trial Court.

(vii) 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.