Dharma @ Dharman vs State

A.A.Nakkiran, J

The petitioner, who was arrested and remanded to judicial custody on 18.12.2022 for the offences under Section 8 ( c) r/w 20 (b)(ii)(B) of <li>Narcotic Drugs And Psychotropic Substances Act, 1985 &mdash; Section </li> Act in Crime No.482 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that when the respondent police was on regular patrol, the petitioner was found to be in possession of 1.250 kgs of ganja. Hence, the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would also submit that the petitioner has been suffering incarceration from 18.12.2022. He would submit that the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioner was found to be in possession of 1.250 kgs of ganja. He further submits that the petitioner is having five previous cases, out of which, two cases are similar in nature. He further submit the quantity of ganja involved in this case is an intermediate quantity. Hence, she vehemently opposed to grant bail to the petitioner.

Taking into consideration the facts and the submissions made by both counsel and also taking note of the fact that the period of incarceration suffered by the petitioner and the quantity of ganja involved in this case is an intermediate quantity, this Court is inclined to grant bail to the petitioner on certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing 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 Special Court for NDPS Act Cases, Salem and on further conditions that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.