The Kerala High Court has granted regular bail to a man accused of possessing 52.45 grams of MDMA after finding that the mandatory safeguards under Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were not followed during the search.
Background of the Case
The bail application was filed by Vishnu N.P., the sole accused in Crime No. 697/2025 registered at Thamarassery Police Station, Kozhikode. According to the prosecution, police intercepted him during patrol duty on July 12, 2025, and allegedly recovered 52.45 grams of MDMA from the front pocket of his pants. He was booked under Section 22(c) of the NDPS Act.
Court's Observation
During the hearing, the defence argued that the search violated Section 50 of the NDPS Act, which provides procedural safeguards during a personal search. The prosecution contended that compliance was unnecessary because the accused himself removed the substance from his pocket.
Justice Dr. Kauser Edappagath rejected that contention, observing,
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“When a body search is conducted, it is mandatory that Section 50 of the NDPS Act be complied with.”
The Court noted that the officer first conducted a body search, noticed a bulge in the accused's pocket, and only then directed him to remove the item. Since the prosecution did not claim compliance with Section 50, the Court held that the stringent bar on bail under Section 37 of the NDPS Act could not be applied in the facts of the case.
Decision
Taking note that the applicant had remained in custody since July 12, 2025, the High Court allowed the bail application and directed his release on a bond of ₹1 lakh with two solvent sureties, subject to conditions including cooperation with the investigation, weekly appearance before the investigating officer, and restrictions on influencing witnesses or leaving Kerala without the trial court's permission.
Case Details:
Case Title: Vishnu N.P. v. State of Kerala
Case Number: Bail Application No. 3181 of 2026
Judge: Justice Dr. Kauser Edappagath
Decision Date: 23 June 2026
