Jeeva M vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 23.08.2026 for the alleged offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.174 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused persons were found in possession of 1.150 kilograms of Ganja. Based on the said recovery, the respondent police registered the present case against the petitioner and other accused persons.

The learned counsel appearing for the petitioner submitted that the total quantity of contraband alleged to have been recovered in this case is 1.150 kilograms of Ganja, which legally and strictly falls within the category of intermediate quantity. He strongly contended that no contraband was physically seized from the immediate or conscious possession of the present petitioner. He further submitted that though the petitioner has two previous cases pending against him, neither of those offenses is under the NDPS Act. Considering the fact that the rigour of Section 37 of the NDPS Act is not attracted to the facts of the present case and taking note of the period of incarceration from 23.08.2026, he prayed for the enlargement of the petitioner on bail.

The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner, submitting that the petitioner along with the other accused were found in possession of an intermediate quantity of Ganja. He further pointed out that the petitioner has two previous cases pending against him, and therefore, if released on bail, there is a likelihood of the petitioner tampering with the ongoing investigation.

Admittedly, the quantity of contraband involved in this case is 1.150 kilograms of Ganja, which falls under the category of intermediate quantity. Therefore, the stringent statutory bars and restrictive rigours governing the grant of bail under Section 37 of the NDPS Act do not apply to the present application. This Court also takes note of the submission made by the learned counsel for the petitioner that no physical contraband was recovered from the person of this petitioner.

It is also seen from the records that although the petitioner has two adverse past cases against him, neither of those previous cases are registered under the provisions of the NDPS Act. The past antecedents do not relate to narcotic offenses. Considering the nature of the quantity involved, the fact that the statutory bar under Section 37 is not attracted, and evaluating the period of incarceration undergone by the petitioner since 23.08.2026, this Court is highly inclined to grant bail to the petitioner, subject to strict conditions.

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, for a like sum to the satisfaction of the Judicial Magistrate No.1, Athur 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;

[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;

[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.

Registry is directed to forthwith upload this order in the Official Website of this Court.

All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.