The Kerala High Court has granted bail to two Tanzanian nationals who were booked in an NDPS Act case for allegedly possessing over 220 grams of MDMA. The High Court noticed that the prosecution did not produce any material other than the financial transaction to indicate that the accused were involved in the crime.

The High Court was considering a bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the accused persons booked under Section 22(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The Single Bench of Justice Bechu Kurian Thomas held, “Since, the prosecution has not been able to produce any material other than the financial transaction to indicate that the petitioners are involved in the crime, I am of the view that there are no reasonable grounds for believing that the petitioners are guilty of the offence alleged. Since, no criminal antecedents have been reported against the petitioners, I am also of the view that the rigour under Section 37 of the NDPS Act stands diluted.”

Advocate Shaijan C. George represented the Petitioner while Public Prosecutor G.Sudheer represented the Respondent.

Factual Background

The accused persons were found in possession of 221.89 grams of MDMA in a room in a lodge. On initial investigation, it was revealed that several other accused were involved in the case. The Petitioners were roped in as accused alleging that they financed the procurement of the contraband and on that basis they were arrested on March 13, 2025 and they had been in custody since then.

Arguments

It was the case of the petitioners that the grounds for arrest were not communicated to them at the time of their arrest and there was a conscious delay in producing them after obtaining a transit remand order.

It was the case of the respondent that, though the petitioners claimed themselves to be students, their dealings with the other drug peddlers indicated their involvement in the crime and therefore, the bail application ought to be dismissed.

Reasoning

The Bench referred to the judgment in Mihir Rajesh Shah v. State of Maharashtra and Another (2025) wherein it was observed that the written grounds of arrest must be furnished to the arrestee on his arrest. On a perusal of the facts of the case, the Bench noticed that the petitioners were produced before the remand Magistrate at Phagwara, and the grounds for arrest were not seen to have been furnished to them.

Considering the final report, the Bench held that it was rightly contended by the petitioners that the only material to connect the petitioners with the offence alleged and the other accused was the financial transaction between the second accused and one of the petitioners through Canara Bank, NRI account. The amount transferred was stated to be Rs 42,500 and the final report did not indicate any other material to connect the petitioners with the offence alleged or with the other accused.

The Bench also noticed that the petitioners, who are foreign nationals and students of a professional college, have been in custody for more than 270 days. Thus, the Bench allowed the application and ordered the petitioners to be released on bail on executing a bond for Rs 1 lakh each.

Cause Title: David Ntemi Kilekamajenga v. State Of Kerala (Neutral Citation: 2025:KER:97771)

Appearance

Petitioner: Advocates Shaijan C. George, Arliss Trency Antony, Vinai John, Ajay Ramesh

Respondent: Public Prosecutor G.Sudheer

Click here to read/download Order


Kerala HCJustice Bechu Kurian Thomas

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.