Court notes investigation is almost complete, recovery has already been effected, and accused has no criminal antecedents; imposes strict bail conditions.
Kochi: The Kerala High Court has granted regular bail to a woman accused in a narcotics case involving alleged conspiracy to transport and sell MDMA, observing that her continued detention was no longer necessary as the investigation was almost over and the recovery had already been effected.
Justice Dr. Kauser Edappagath passed the order while hearing a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant was the third accused in Crime No. 648/2026 of Vatakara Police Station, Kozhikode district. She was booked under Section 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, the accused persons conspired to transport and sell narcotic drugs. In pursuance of the alleged conspiracy, accused No.1 was found in possession of 2.108 grams of MDMA at Vatakara on June 28, 2026. The prosecution also alleged that financial transactions connected to the offence were carried out through the bank accounts of the applicant and another accused, thereby implicating her in the crime.
The defence argued that the applicant was innocent and had been falsely implicated, contending that there were no materials on record to connect her with the alleged offence. The Public Prosecutor opposed the bail plea, stating that the offence was part of a deliberate criminal conspiracy and that she should not be enlarged on bail at this stage.
After considering the case diary and hearing both sides, the Court noted that the applicant had been in judicial custody since July 25, 2026. It further observed that the investigation was almost complete, the recovery had already been made, and the applicant had no criminal antecedents. In these circumstances, the Court held that there was no reason to continue her detention.
Allowing the application, the Court ordered her release on bail subject to strict conditions. She must execute a bond of Rs. 1,00,000 with two solvent sureties for the like amount each. She has also been directed to fully cooperate with the investigation, appear before the investigating officer every Saturday between 10 a.m. and 11 a.m. until further orders, and appear whenever required.
The Court additionally imposed conditions prohibiting her from committing any similar offence, contacting prosecution witnesses, tampering with evidence, or influencing witnesses in any manner. She has also been restrained from leaving Kerala without the permission of the trial court. The Court clarified that any application for modification or cancellation of bail conditions must be filed before the jurisdictional court.
Bottom Line :
NDPS Act - Regular bail granted to accused alleged to have facilitated financial transactions for transportation and sale of MDMA - Investigation almost over, recovery already effected and accused had no criminal antecedents - Continued detention held unnecessary.
Statutory provision(s): Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
Kavya K v. State of Kerala, (Kerala) : Law Finder Doc id # 2984414
