THAFNEESA Vs. STATE OF KERALA

JUDGEMENT

(1.) As both these Writ Petitions are preferred seeking the release of persons who were arrayed as the 1st and 2nd accused respectively in Crime No.49/2024 of Excise Range Office, Chavakkad, they are taken up together for consideration and disposed by this common judgment.

(2.) The brief facts necessary for the disposal of these WP(Crl.) are as follows:

(3.) On the facts of the instant cases, however, we note that immediately after the arrest of the detenues, they had approached the Court of the III Additional Sessions Judge, Thrissur, with bail applications under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The bail applications were disposed by a common order dtd. 9/5/2025, whereby the Additional Sessions Judge, after perusing the case diaries produced by the Investigating Officer, found that no grounds had been made out for enlarging the detenues on bail. The bail applications were accordingly dismissed by the Sessions Judge. It merits notice that in the case of both the accused, the contraband seized was found to be of commercial quantity, and hence it was probably by taking note of the rigorous requirement of Sec. 37 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act'), and the inability of the detenues to satisfy the same, that the bail applications were rejected.