Vishnu Prakash vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 17.02.2026 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25, 29(1) of NDPS, Act, 1985 in Crime No.222 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that based on the secret information, on 06.12.2025, at about 22.30 hrs, on receipt of secret information, the respondents police were conducted vehicle check-up and at that time, the vehicle bearing Reg.No.KL 7 BB 7952 Indico Car was standing there and on search, they found the ganja weighing 140 kgs inside the Car. 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. He would further submit that no contraband was recovered from him and he has been arrayed as an accused based on the confession of co-accused and he was arrested and remanded to judicial custody on 17.02.2026. 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 145 kgs of ganja. He would further submit that the petitioner has previous cases and the investigation is pending and the offences are grave in nature. Hence, he strongly opposed to grant 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, nature of offence, and though the quantity of contraband involved in this case is a commercial quantity, no contraband was recovered from the petitioner and the alleged contraband were recovered from an abandoned Car and also considering the fact that though the petitioner has previous cases, he has been enlarged on bail in the previous cases registered against him and he has been arrayed as an accused based on the confession of co-accused as well as 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, this Criminal Original Petition is allowed and 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 Principal Special Court for EC & NDPS Act Cases, Madurai (FAC),, and on further conditions that:

[b] the petitioner shall report before the Principal Special Court for EC & NDPS Act Cases, Madurai 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 him 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.