Kerala High Court
Basith vs State Of Kerala on 16 October, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:76955
BAIL APPL. NO. 12663 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
BAIL APPL. NO. 12663 OF 2025
CRIME NO.872/2025 OF THAMARASSERY POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 03.10.2025 IN CRMP
NO.1705 OF 2025 OF SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER(S)/ACCUSED NO.2:
BASITH
AGED 30 YEARS
S/O. MOYI, AREETUM CHALIL HOUSE,
AMBAYATHODU MALAYIL, THAMARASSERY P.O.,
KOZHIKODE ., PIN - 673573
BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.J.KRISHNAKUMAR (ADOOR)
SHRI.C.N.PRAKASH
SHRI.ARUN.S.
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.SHAJI P.K.
SMT.PREETHU JAGATHY
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROCECUTOR HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031
ADV G SUDHEER,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 12663 OF 2025
2
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is accused No.2 in Crime
No.872/2025 of Thamarassery Police Station. The offence
alleged against the petitioner is punishable under Section
22(c) r/w Section 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, 'the NDPS Act').
3. The prosecution case is that on 25.08.2025,
at 20.10 hours, the petitioner along with the other accused
were found in possession and transportation of 55.01 grams
MDMA in a car bearing registration No.KL-57-Z-1457 in the
landed property near public water tank, Karadi-Alikunnu road.
4. The petitioner was arrested on 25.08.2025
and he has been in judicial custody since then.
5. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
6. The learned counsel for the petitioner
submitted that the petitioner is innocent of the allegations
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BAIL APPL. NO. 12663 OF 2025
levelled against him. It is contended that he has no
acquaintance with the other accused and has no knowledge
regarding the fact that he was in possession of any
contraband article.
7. It is the case of the petitioner that the other
accused in this case wanted a lift in his car and he, without
suspicion, permitted him to travel in his car. It is the case of
the petitioner that he has no involvement in the contraband
allegedly seized.
8. The learned counsel for the petitioner
submitted that further incarceration of the petitioner is not
required in view of the allegations levelled against him.
7. The learned Public Prosecutor opposed the
bail plea on the ground that the prayer of the petitioner is hit
by Section 37 of the NDPS Act. The learned Public Prosecutor
submitted that the investigating agency has collected
materials to connect the link between the petitioner and the
other accused in respect of the transaction in which the
contraband was involved.
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BAIL APPL. NO. 12663 OF 2025
8. The offence alleged is punishable under
Section 22(c) of the NDPS Act. The Court has to consider
whether Section 37 is applicable or not. As per Section 37(1)
(b) of the NDPS Act, a person accused of an offence,
punishable for offences under Section 19 or Section 24 or
Section 27A and also for offences involving commercial
quantity, shall be released on bail only when the Court is
satisfied that there are reasonable grounds for believing that
he is not guilty of such offence and that he is not likely to
commit any offence while on bail.
9. I have gone through the prosecution records.
The contraband was recovered from the person of the other
accused. The petitioner was driving the vehicle which was
found parked in a landed property near Thamarassery bus
stand.
10. The learned Public Prosecutor submitted that
the Investigating Agency collected communications through
whatsApp between the petitioner and the other accused
regarding the transaction involved and the location where
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BAIL APPL. NO. 12663 OF 2025
they would meet. Therefore, prima facie there are materials
to show the involvement of the petitioner.
11. The learned Public Prosecutor further
submitted that the investigation is only in the preliminary
stage and it is in the process of identifying the source of the
contraband involved. The prosecution has a case that release
of the petitioner at this stage will adversely affect the proper
investigation in this matter. As of now, there are no
reasonable grounds for believing that the petitioner is not
guilty of the offence and that he will not commit any offence
while on bail. Therefore, I am of the view that this is a case in
which the twin conditions mentioned in Section 37(1)(b) of
the NDPS Act are not satisfied. Therefore, the petitioner is not
entitled to be released on bail at this stage.
This bail application stands dismissed.
Sd/-
K. BABU
JUDGE
nak
2025:KER:76955
BAIL APPL. NO. 12663 OF 2025
APPENDIX OF BAIL APPL. 12663/2025
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE ORDER DATED 03.10.2025
IN CRL. M.P. NO. 1705/2025 ON THE FILES
OF THE HON'BLE DISTRICT AND SESSIONS
COURT (ADDL.) AND SPECIAL COURT, NDPS,
VATAKARA
