Kerala High Court
Dilshad vs State Of Kerala on 29 October, 2025
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA, 1947
BAIL APPL. NO. 12970 OF 2025
CRIME NO.385/2025 OF Nallalam Police Station, Kozhikode
PETITIONER/S:
DILSHAD
AGED 31 YEARS
S/O
RAMLATH,EDAKUTTIPURAM,KAILAMADAM,PANTHEERANKAVU,K
OZHIKODE,KERALA, PIN - 673019
BY ADVS.
SMT.K.REEHA KHADER
SMT.UMMUL FADLA T.
SMT.HASANATH P.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
OF KERALA,ERNAKULAM, PIN - 682031
BY SR PP SMT MK PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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2025:KER:81480
K.BABU, J.
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B.A No12970 of 2025
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Dated this the 29th day of October, 2025
ORDER
This is an application seeking regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioner is the sole accused in Crime No.385 of 2025 of Nallalam Police Station, Kozhikode. The offences alleged against the petitioner are punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that on 13.06.2025, at about 8.30 p.m., on receiving confidential information that the accused, residing in a house rented by one Thambikkutty at a place called Kizhakke Kunnathuparambu, had stored MDMA in his Baleno car bearing registration No. KL-80- 0569, the police reached the place at about 10.50 p.m. and B.A No.12970 of 2025 3 2025:KER:81480 detected 51 grams of MDMA in the car, thereby committing the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').
4. The petitioner was arrested on 14.06.2025 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 no contraband was recovered from the possession of the petitioner. The learned counsel submitted that the petitioner has no connection with the vehicle involved. The learned counsel further submitted that as the petitioner was not arrested from the spot, there is nothing to connect him with the offence alleged.
7. The learned Public Prosecutor opposed the bail plea. It is submitted that there are credible materials to show that the petitioner had carried the contraband substance in the vehicle involved. It is submitted that the B.A No.12970 of 2025 4 2025:KER:81480 petitioner has criminal antecedents.
8. The Case Diary is made available. The prosecution could make out a prima facie case to establish that the petitioner was in conscious possession of the contraband involved. He is the accused in the following crimes:-
1) Medical College P.S Cr.No-541/2019 us-342, 365, 395, 201 IPC.
2) Medical College P.S Cr.No- 1012/2016 us-279 IPC and 85 of MV Act
3)Nallalam P. S Cr.No-405/2018 us-376(2)(n) IPC
4) Nallalam P. S Cr.No-123/2018 us-279 IPC,185 of MV Act.
5) Nallalam P. S Cr.No-660/2018 us-279 IPC, 185 of MV Act.
6) Nallalm P. S Cr.No-394/2017 US-392,120(B), 414 T/W 34 IPC
7) Pantheerankavu P. S Cr, No-106/2023 us-151 of CrPC
8) Traffic/ P.S Cr.No- 736/2015 279, 129, 132, 177 179 MV Act
9. The learned Senior Public Prosecutor submitted that the bail plea of the petitioner is hit by Section 37 of the NDPS Act. I am of the considered view that this is a case in which the rider contained in Section 37 of the Act is squarely applicable.
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10. Having regard to the gravity of offence, I feel that the petitioner is not entitled to be released on bail.
The Bail Application stands dismissed.
K.BABU, JUDGE kkj B.A No.12970 of 2025 6 2025:KER:81480 APPENDIX OF BAIL APPL. 12970/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.
385/2025 OF NALLALAM POLICE STATION, KOZHIKODE DATED 14/06/2024