[Cites 5, Cited by 0]
Kerala High Court
Ruyal Islam vs State Of Kerala on 23 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.803/2026
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2026:KER:15989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
BAIL APPL. NO. 803 OF 2026
CRIME NO.81/2025 OF Neyyattinkara Excise Range Office,
Thiruvananthapuram
AGAINST THE JUDGMENT DATED 22.01.2026 IN Bail Appl.
NO.14670 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER/ACCUSED:
RUYAL ISLAM
AGED 35 YEARS
PASCIMPARA,SARBAMANGALA,GANGARAMPUR,KUMARAGARA,WE
ST BENGAL., PIN - 733124
BY ADV SRI.K.PREMKRISHNA NAIR
RESPONDENT/RESPONDENT/DEFACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY, PIN - 682031
SRI M C ASHI(SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.803/2026
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ORDER
This is the second application filed under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking regular
bail.
2. The applicant is the sole accused in Crime
No.81/2025 of Neyyattinkara Excise Range Office,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 8(c) and 22(c) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short, NDPS Act).
3. The prosecution case, in short, is that the
applicant was found in possession and transportation of 720
numbers (467.977 grams) of a medicine nomenclature as
Pyeevon Spas Plus Capsule, which contains a chemical
ingredient, Tramadon Hydrochloride, in a bus named Syamoli
Volvo bearing registration No.NL-01-B-4576 plying between
Bangalore and Thiruvananthapuram and was nabbed at about
09:12 a.m. on 29.08.2025 when the bus arrived at Amaravila
Excise Check Post, container module at Krishnapuram,
Piriyammoodu, Neyyattinkara, which was later on revealed to be
meant for sale.
4. I have heard Sri.Prem Krishna K.Nair, the
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learned counsel for the applicant and Sri. M.C. Ashi,, the learned
Senior Public Prosecutor. Perused the case diary.
5. 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.
6. The applicant was remanded to judicial custody
on 29.08.2025. 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. Since the
quantity involved is commercial, the jurisdiction of this Court to
grant bail is circumscribed by the provisions of Section 37 of the
NDPS Act. Bail can be granted in a case where there are
reasonable grounds for believing that the accused is not guilty of
such an offence and that he is not likely to commit any offence
while on bail.
7. Having considered the submissions and after having
gone through the materials on record, I am afraid that there are
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no substantial or probable causes for believing that the applicant
is not guilty of the offences charged. The applicant has not been
able to point out the existence of any such facts or
circumstances as are sufficient to justify recording a finding that
he is not guilty of the offences charged.
8. The applicant has raised a contention that there
is violation of Section 50 of the NDPS Act. The contraband was
not seized from the body of the applicant. It was seized from the
bag carried by the applicant. Therefore, there is no requirement
to comply with Section 50 of the NDPS Act.
This Court as per order dated 22.1.2026, dismissed the
bail application filed by the applicant as B.A.No.14670/25
holding that the rigour under Section 37 of the NDPS Act is
attracted. Still, the applicant has chosen to file this bail
application within two weeks. This application is nothing but
abuse of process of court. Hence, this bail application is
dismissed with a cost of ₹3,000/- (Rupees three thousand only)
which shall be paid at the Kerala State Legal Services Authority
within two weeks.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2026:KER:15989
APPENDIX OF BAIL APPL. NO. 803 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE CRIME BEARING
NO.81 OF 2025 REGISTERED BY EXCISE RANGE
OFFICE,NEYYATTINKKARA, DTD.29TH DAY OF
AUGUST 2025.
Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER PASSED
IN CRIMINAL .M.P NO.4317 OF 2025 PASSED
BY THE ADDITIONAL SESSIONS JUDGE
-1,THIRUVANANTHAPURAM,DTD.27TH DAY OF
OCTOBER 2025.
Annexure A3 TRUE PHOTOSTAT COPY OF THE ORDER PASSED
IN CRIMINAL .M.C NO.5043 OF 2025 BY THE
ADDITIONAL SESSIONS JUDGE-
1,THIRUVANANTHAPURAM, DTD.02ND DAY OF
DECEMBER 2025
Annexure A4 TRUE PHOTOSTAT COPY OF THE ORDER PASSED
IN BA NO. 14670 OF 2025 DTD.22ND DAY OF
JANUARY 2026.
