"High Court of Kerala Denies Bail to Accused in NDPS Case Involving Ganja- Cites Rigour of Section 37"

In a significant ruling, the High Court of Kerala has denied bail to Nandakumar N, the second accused in a case involving the transportation of 140 KG of Ganja. The case is registered under Crime No.26/2021 of the Excise Enforcement & Anti Narcotic Special Squad, Ernakulam, and the accused is charged under Sections 20(b)(ii)C, 25, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Nandakumar N has been in judicial custody since his arrest on April 28, 2021. His application for regular bail was submitted in the context of his prolonged detention. The prosecution argued that the accused was driving the vehicle in which the contraband was found, concealed among boxes of mangoes.

The Court, presided over by Justice Ziyad Rahman A.A., carefully examined the records and observed that the petitioner was driving the vehicle at the time of the arrest. The Court also noted that the contraband was found in a large quantity, making it difficult to believe that the accused was unaware of its presence.

The petitioner's counsel cited various Supreme Court decisions to argue for bail based on the length of detention. However, the Court distinguished these cases, stating that the rigour under Section 37 of the NDPS Act, which imposes stringent conditions for granting bail in cases involving commercial quantities of contraband, cannot be ignored.

The Court found that the conditions under Section 37 of the NDPS Act were not met and therefore denied bail to the petitioner. The Court also directed the Sessions Judge to complete the trial within the period mentioned in a report dated June 15, 2023.

This ruling sends a strong message about the strict implementation of the NDPS Act, particularly Section 37, which imposes stringent conditions for bail in cases involving commercial quantities of contraband.

Date of Decision: 3rd August 2023

NANDAKUMAR N vs STATE OF KERALA