High Court of Kerala Upholds Stringency of NDPS Act in Bail Denial: No Satisfactory Dilution of Section 37 Rigour – Justice C.S. Dias

The High Court of Kerala, presided over by the Honourable Mr. Justice C.S. Dias, delivered a pivotal judgment today in the bail applications (Nos. 9056, 9082, and 9418 of 2023) concerning the alleged involvement in a narcotics case registered under Crime No.1102/2023 at the Karunagappally Police Station, Kollam.

In a decisive interpretation of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Justice Dias reinforced the stringent conditions for granting bail under Section 37 of the Act. The judgment centered on the applications filed by three accused, Ajith, Vishnu, and Samuel, in connection with the seizure of 728.42 grams of MDMA.

Highlighting the legal principles, Justice Dias remarked, "Considering the gravity, nature, and seriousness of the accusation levelled against the petitioners, the potential severity of the punishment that can be imposed on them, in the event of them being found guilty, I am at this stage not satisfied that the petitioners have diluted the rigour under Section 37 of the NDPS Act." This statement reflects the court's stance on the non-dilution of the strict bail provisions under the NDPS Act.

The court thoroughly reviewed the arguments presented by the petitioners' counsel, M.R. Sasith, who argued for their innocence and lack of direct involvement in the crime. However, the Public Prosecutors, Smt. Neema TV and Smt. Seetha S, countered these claims, presenting substantial evidence of financial transactions and communications linking the petitioners to the narcotics operation.

Referencing key Supreme Court decisions, including Union of India v. Shiv Shanker Kesari [(2007) 7 SCC 798] and State of Kerala v. Rajesh [(2020) 12 SCC 122], Justice Dias emphasized the need for 'reasonable grounds' to believe in the non-guilt of the accused and their unlikely engagement in offences while on bail, as prerequisites for bail consideration under the NDPS Act.

Kerala Court found the bail applications of the petitioners lacking in merit and subsequently dismissed them, upholding the rigorous standards of the NDPS Act in narcotics-related offences. This judgment sets a precedent in the interpretation and application of the NDPS Act, particularly concerning bail provisions in cases of serious narcotics offences.

Date of Decision: 11th January 2024

AJITH  VS STATE OF KERALA