Sudhakar vs State Of Tamil

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 24.01.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act, in Crime No.18 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on secret information on 24.01.2026 at about 05.30 a.m., the respondent police went to the scene of occurrence, where they found the accused persons are in possession of 21.200 kilograms of ganja. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Though the quantity involved is commercial quantity, no contraband was recovered from this petitioner and the entire contraband have been recovered from Co-accused. This petitioner has been implicated on the basis of the confession statement of the co-accused. Co-accused in this case have been released on bail. Hence, he prayed bail for the petitioner.

The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The quantity involved in this case is commercial quantity. The entire contraband has been recovered from A1. On their confession statement other accused persons have been implicated in this case. The petitioner has seven previous cases. Hence, he opposed the grant of bail to the petitioner.

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

Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, though the prosecution has stated that the quantity involved in this case is commercial quantity, the contraband was recovered from Co-accused and no contraband has been recovered from this petitioner, only on the basis of the confession statement of the co-accused this petitioner has been implicated in this case, co-accused has also been released on bail, though the prosecution has stated that the petitioner has some previous cases including NDPS Act Cases, the petitioner has produced the records in respect of the Crime No.151 of 2025 in Panrutti Police Station and Crime No.144 of 2024, Thiruppapuliyur Police Station, in which, the petitioner has arrayed as accused, in respect of other cases mentioned by the prosecution, he was already granted bail in those cases, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following

[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 learned Additional District and Sessions Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the learned Additional District and Sessions Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, at 10.30 a.m., on all working days, 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.