Mohamed Irfan Asif vs The State

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.312 of 2026 on the file of the Respondent Police, registered for the offences punishable under Sections 8(c) and 22(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The case of the prosecution is that the respondent police intercepted the petitioner and recovered a contraband weighing 8 Kilograms of Ganja from a gunny bag. Consequent to the recovery and seizure, the petitioner was arrested and remanded to judicial custody on 03.09.2026.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. Explaining the matrix of the case, the learned counsel submits that earlier, the petitioner had obtained bail before the learned Principal Special Judge, Chennai in Crl.M.P.No.6020 of 2026 dated 06.10.2026. However, when a parallel bail application came up for hearing before this Court, a mention was made by the counsel to withdraw the same. This Court, taking serious note of the non disclosure of the pendency of the petition before the lower court, declined the request for withdrawal, dismissed the petition, and subsequently recalled the bail order granted by the lower court.

The learned counsel further submits that pursuant to the order of this Court recalling the bail, the petitioner has purged the contempt, surrendered immediately, and has been lodged back in judicial custody. Emphasizing that the petitioner has no previous case pending against him, that the quantity involved is strictly an intermediate quantity, and that this fresh petition is preferred after suffering necessary incarceration, he prays for the grant of bail.

The learned Government Advocate (Criminal Side) opposes the grant of bail. While he reiterates the earlier conduct of the petitioner regarding the non disclosure of facts, he fairly concedes that the petitioner has complied with the recall order, has no prior adverse antecedents, and the contraband seized is an intermediate quantity.

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

This Court previously dealt with the petitioner's conduct strictly to uphold the majesty of law and clean judicial discipline. Considering that the contraband seized, 8 Kilograms of Ganja, is an intermediate quantity, the strict embargo under Section 37 of the NDPS Act does not apply. Taking note of the absolute clean antecedents of the petitioner and the period of incarceration undergone, this Court is inclined to balance equity and grant bail to the petitioner on this fresh application.

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 17^th Metropolitan Magistrate, Saidapet, Chennai, 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.