Suriya vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / A7, who was arrested and remanded to judicial custody on 02.12.2025 for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985, in Crime No.196 of 2025 on the file of the respondent police, seeks bail.

The prosecution's case is that on 24.08.2025, around 06:30 am, on secret information, when the respondent police were on patrol duty near Alagappan Nagar Railway Station, the petitioner and other accused were found in illegal possession of 22 kg of ganja. Hence, this 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. He would further submit that no recovery was made from the petitioner and only based on the confession made by the co-accused, the petitioner was arrayed as an accused in this case and the co-accused was already arrested and released on bail and he has been arrested and remanded to judicial custody on 02.12.2025. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused persons were found in illegal possession of 22 kg of ganja and the quantity involved in this case is a commercial quantity and the petitioner has 1 previous case similar in nature and the investigation is still pending. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the co-accused was already arrested and released on bail.

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 though the prosecution stated that the quantity involved in this case is a commercial quantity, no contraband was recovered from this petitioner and the entire contraband was recovered from A1 to A6 and the petitioner was arrayed as accused in this case based on the confession statement made by the co-accused and on the date of occurrence, the petitioner was in custody in another case and the co-accused was already arrested and released on bail and also 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 Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, and on further conditions that:

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

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