Kerala High Court
Pintu Nimal vs State Of Kerala on 4 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:49997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
BAIL APPL. NO. 8174 OF 2025
CRIME NO.1620/2025 OF ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.533 OF 2025
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VIII/,
ERNAKULAM / IV ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ERNAKULAM
PETITIONER(S)/ACCUSED:
PINTU NIMAL
AGED 23 YEARS
D/O. DHASA, KARALAGHATTI, SAMBARLENDI, RAYAGADA,
KARYAGHATTI, ODISHA, PIN - 626106
BY ADVS.
SMT.ANUPAMA SUBRAMANIAN
SHRI.K.V.RAMABHADRAN
SRI.K.R.SRIPATHI
RESPONDENT(S)/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.NO. 8174 OF 2025
2
2025:KER:49997
BECHU KURIAN THOMAS, J.
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B.A.No.8174 of 2025
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Dated this the 04th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.1620/2025 of Ernakulam Central Police Station, Ernakulam, registered for the offences punishable under Sections 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act').
3. According to the prosecution, on 31.10.2024, the accused was found to be in possession of 24.320 Kg of ganja, and thereby committed the offences alleged. Petitioner was arrested on 31.10.2024, and she has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner vehemently contended that petitioner is a young lady and the procedure in taking the sample of contraband for analysis was totally flawed. This Court is B.A.NO. 8174 OF 2025 3 2025:KER:49997 of the view that those are all matters for trial. At this juncture, it cannot be assumed that the procedure adopted for sampling is illegal.
6. Apart from the above, since the contraband seized from the petitioner falls under the category of commercial quantity, the rigour under Section 37 of the NDPS Act applies.
7. As observed by the Supreme Court in State of Kerala and Others v. Rajesh and Others [(2020) 12 SCC 122], the scheme of section 37 requires that the power to grant bail under the NDPS Act is subject to the limitation placed in the said provision over and apart from the restrictions under the procedural law and the twin conditions stipulated therein are required to be satisfied. Further, in the decision in Narcotics Control Bureau V. Mohit Aggarwal [(2022) 18 SCC 374], it has been observed that the focus must be on the availability of reasonable grounds to believe that the accused is not guilty of the offence alleged against and also that he is unlikely to commit an offence under the Act. The Supreme Court went on to observe that the length of the period of custody or that the charge had been filed or even that the trial has commenced by themselves are not considerations that can be treated as persuasive to grant bail under section 37 of the NDPS Act.
8. As the contraband seized from the petitioner is of commercial quantity, and there is no reason to assume that petitioner B.A.NO. 8174 OF 2025 4 2025:KER:49997 is not guilty of the offences alleged, I am of the view that this is not a fit case to release the petitioner on bail.
Accordingly, this bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE mea B.A.NO. 8174 OF 2025 5 2025:KER:49997 APPENDIX OF BAIL APPL. 8174/2025 PETITIONER ANNEXURES Annexure A A TRUE COPY OF SEIZURE MAHAZAR IN CRIME NO. 1620 OF 2024 OF CENTRAL POLICE STATION, ERNAKULAM Annexure B A TRUE COPY OF F.I.R IN CRIME NO. 1620 OF 2024 OF CENTRAL POLICE STATION, ERNAKULAM Annexure C A TRUE COPY OF THE REPORT UNDER SECTION 42(2) OF THE NDPS ACT IN A TRUE COPY OF THE REPORT UNDER SECTION 42(2) OF THE NDPS ACT IN CRIME NO. 1620 OF 2024 OF CENTRAL POLICE STATION, ERNAKULAM