Sasitharan vs State Of Tamil Nadu

K.K.Ramakrishnan, J

The petitioner/A3, who was arrested and remanded to judicial custody on 19.02.2026 for the offences punishable under Sections 8(c), 20(b)(ii)(B), 25 & 29(2)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.16 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in illegal possession of 1.100 kg of ganja. Hence, the respondent police registered a case against the petitioner and other in Crime No.16 of 2026 for the aforesaid offences and arrested the petitioner on 19.02.2026. Hence, this petition.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is in custody from 19.02.2026. Hence, he seeks bail.

The Additional Public Prosecutor vehemently opposed to grant bail to the petitioner stating that the petitioner has 5 previous cases all are similar in nature and the investigation is in preliminary stage.

Considering the period of incarceration and also the considering the facts that the earlier occurrence is of the year 2022 and there is no proximity in the said occurrences and the contraband involved in those cases comes under the small quantity under Section 20(b)(ii)(A) of the NDPS Act, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Special Court for E.C and NDPS Cases, Pudukottai, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.