Lack of substantial evidence and procedural lapses in arrest lead to bail for students accused of financing contraband procurement.
In a significant judgment dated December 18, 2025, the Kerala High Court granted bail to foreign national students accused in a narcotics case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners, David Ntemi Kilekamajenga and others, had been in custody for over 270 days, and the court’s decision came after considering the absence of substantial evidence linking them to the crime, as well as procedural lapses during their arrest.
The case involved allegations that the petitioners financed the procurement of contraband, specifically MDMA, which was found in possession of other accused individuals. The prosecution primarily relied on a financial transaction amounting to Rs.42,500/- to connect the petitioners to the alleged crime. However, upon reviewing the final report, the court found no corroborative material linking the petitioners to the offence beyond this financial transaction.
Justice Bechu Kurian Thomas, presiding over the case, noted that mere financial transactions cannot implicate individuals in crimes under the NDPS Act without additional evidence. The judgment referenced the Supreme Court's observation in "Mohd. Muslim Alias Hussain v. State (NCT of Delhi)" that financial transactions alone are insufficient for such implications.
Additionally, the court pointed out procedural lapses in the arrest process, citing non-compliance with the Supreme Court's directive in "Mihir Rajesh Shah v. State of Maharashtra." Specifically, the authorities failed to furnish written grounds for arrest at the time of apprehending the petitioners, a requirement under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Given these factors, along with the petitioners' status as foreign students in a professional college in Punjab and their lack of criminal antecedents, the court deemed the rigour under Section 37 of the NDPS Act to be diluted, facilitating the grant of bail.
The bail was granted under several conditions: the petitioners must execute a bond for Rs.1,00,000/- each, provide two solvent sureties, cooperate with the trial, abstain from committing similar offenses, and report monthly to the local police station. They are also required to surrender their passports and seek permission from the jurisdictional court for any travel outside the country.
This ruling underscores the importance of substantial evidence in criminal prosecutions and adherence to procedural requirements during arrests, reinforcing judicial principles that protect individual rights even amidst serious allegations.
Bottom Line:
Bail granted to foreign national students under NDPS Act, considering absence of substantial evidence linking them to the crime, prolonged custody, and their status as students.
Statutory provision(s):
- Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 22(c), 29, 37
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
David Ntemi Kilekamajenga v. State of Kerala, (Kerala) : Law Finder Doc Id # 2825422
