Selvarani vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 06.03.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) & 29(1) of NDPS Act, in Crime No.60 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 04.03.2026 at about 21.00 hours, based on the secret information, the respondent police conducted a raid between Boothipuram to Manjinaikkanpatti near Chellakarai Street, and found that the petitioner was in illegal possession of 2.220 kg of ganja. Hence, the respondent police registered a case against the accused for the aforesaid offences and arrested her. Hence, this petition.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the the quantity involved in this case is not a commercial quantity and she has been arrested and remanded to judicial custody on 06.03.2026. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found in illegal possession of 2.220 kg of ganja and the petitioner is having 20 previous case and hence, he strongly opposed to grant bail to the petitioner. However, he fairly conceded that the quantity involved in this case is not a commercial quantity.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and the quantity involved in this case is not a commercial quantity and though the prosecution stated that the petitioner has 20 previous cases, among them, most of the cases were already disposed of and there are no case is pending for commercial quantity and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 Principal Sessions Court For NDPS Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

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