Dhananathan @ Dhanush vs The State Rep By The Inspector Of Police

This Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to enlarge the petitioner on bail in connection with Crime No.193 of 2026 on the file of the Respondent Police, registered for the offences punishable under Sections 8(c), 20(b)(ii)(B) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The case of the prosecution is that the respondent police intercepted the petitioner and found him in illegal possession of contraband weighing 1.100 Kilograms of Ganja. Consequent to the recovery and seizure, the petitioner was arrested and remanded to judicial custody on 18.09.2026.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the quantity involved is an intermediate quantity and not a commercial quantity, thereby the strict rigors of Section 37 of the NDPS Act do not apply. Citing the petitioner's judicial custody since 18.09.2026 and emphasizing that the petitioner has no bad track record, he prays for the grant of bail.

The learned Government Advocate (Criminal Side) opposes the grant of bail. He submits that the petitioner was caught in possession of contraband weighing 1.100 Kilograms of Ganja. However, he concedes that the seized quantity falls under the category of intermediate quantity and confirms that the petitioner has no previous case pending against him.

Heard the learned counsel on both sides and perused the case diary records.

Considering the fact that the contraband seized is an intermediate quantity, taking note of the clean antecedents of the petitioner with no prior cases, and acknowledging the period of judicial custody undergone by the petitioner since 18.09.2026, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court for the Exclusive Trial of Essential Commodities Act & NDPS Cases, Salem, and on further conditions that:

[a] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure his identity;

[b] the petitioner shall report before the respondent police daily at 10:30 A.M. until further orders;

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

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial, and shall not maintain any contact with the witnesses to the occurrence, the officials dealing with the case, or any other person who might be connected to the occurrence;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.