Sreelakshmy's bail application rejected due to failure to meet stringent conditions under Section 37 of the NDPS Act.
In a significant ruling, the Kerala High Court on June 22, 2026, denied bail to Sreelakshmy, the primary accused in a narcotic drugs case involving commercial quantities. The decision was pronounced by Dr. Kauser Edappagath, J., after considering the seriousness of the allegations and the statutory requirements under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Sreelakshmy was arrested following the seizure of 2.270 kilograms of hashish oil, allegedly intended for sale, from her residence in Thrissur District. The prosecution, represented by Public Prosecutor Sri. M.P. Prasanth, argued that the accused was part of a premeditated criminal conspiracy and opposed the bail application, citing the stringent conditions under Section 37 of the NDPS Act.
The defense, led by Advocate Smt. Anupama Subramanian, contended that Sreelakshmy was falsely implicated and that the grounds for her arrest were not adequately communicated, as mandated by Article 22(1) of the Constitution and Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). However, the court found that the notices served to Sreelakshmy and her relative adequately communicated the grounds for arrest, the quantity of contraband, and relevant legal sections, despite omitting the crime number.
The court emphasized the "twin test" under Section 37 of the NDPS Act, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit an offence while on bail. Finding no substantial evidence to satisfy these conditions, the court dismissed the bail application.
This case underscores the rigorous legal framework governing narcotic offences in India, reinforcing the judiciary's commitment to tackling drug-related crimes with stringent scrutiny.
Bottom line:-
Section 37 of the NDPS Act imposes strict conditions for granting bail in cases involving commercial quantities of narcotic drugs, requiring the satisfaction of the twin test: reasonable grounds for believing the accused is not guilty and not likely to commit an offence while on bail.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Constitution of India Article 22(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 47 and 48
Sreelakshmy v. State of Kerala, (Kerala) : Law Finder Doc id # 2929708
