Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 20, Section 25, Section 27A, Section 37 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Grant of Bail – Absence of Incriminating Material – Confession of Co-accused – Evidentiary Value – Section 37 NDPS Act Rigour Diluted.
2025 KER 44918 : 2025 (6) KLR 202 : 2025 KLT OnLine 2165
High Court of Kerala at Ernakulam
Coram: Bechu Kurian Thomas, J.
B.A. No. 5796 of 2025; June 20, 2025
Held: The petitioner, accused of providing a vehicle for transporting 21.924 kg of ganja, was granted bail due to the absence of legally incriminating material connecting him to the offence, except for the confessional statement of a co-accused, which lacks substantive evidentiary value as per Section 30 of the Indian Evidence Act, 1872, and judicial precedents. Statements under Section 67 of the NDPS Act cannot be the sole basis for conviction or denial of bail post-final report. The prosecution failed to establish a prima facie link between the petitioner and the offence, diluting the rigour under Section 37 of the NDPS Act. The petitioner’s lack of criminal antecedents under the NDPS Act and minimal involvement (vehicle pledged to him) supported the finding of reasonable grounds to believe he was not guilty. Bail was granted with conditions, emphasizing the protection of liberty under Article 21 of the Constitution when materials linking the accused to the offence are lacking after months of investigation.
Cases Referred:
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Haricharan Kurmi v. State of Bihar, AIR 1964 SC 1184
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Tofan Singh v. State of Tamil Nadu, (2013) 16 SCC 31
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State (by NCB) Bengaluru v. Pallulabid Ahmad Arimutta, 2022 SCC OnLine SC 447
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Balwinder Singh (Binda) v. Narcotics Control Bureau, 2023 SCC OnLine SC 1213
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State of Kerala v. Rajesh, (2020) 12 SCC 122
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Narcotics Control Bureau v. Mohit Aggarwal, (2022) 18 SCC 374
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Jalaluddin Khan v. Union of India, (2024) 10 SCC 574
Keywords: Bail, NDPS Act, Confession of Co-accused, Section 37, Article 21, Incriminating Material, Liberty
Crime No. 1539/2024 of Kodungallur Police Station, Thrissur against the Order dated 13.03.2025 in Bail Appl. No. 3392 of 2025 of High Court of Kerala.
For Petitioner: Adv. Vivek Venugopal
For Respondents : Adv. Noushad K.A. (Government Pleader)
LAWYERS DIRECTORY
K/337/2015 |
K/3809/2024 |
