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Judgment
The petitioner, who was arrested and remanded to judicial custody on 08.08.2026 for the alleged offences under Sections 8(c) read with Sections 20(b)(ii)(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), in Crime No.243 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 2.3 kgs of ganja. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the contraband involved has already been seized by the respondent police, and since the petitioner has been in judicial custody from 08.08.2026, his further custodial interrogation is not required. He added that the petitioner is ready to cooperate with the investigation and abide by any stringent conditions imposed by this Court.
The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner. He further submitted that the petitioner has no previous case. Hence, he prayed for the dismissal of the bail petition.
Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police, and perused the materials available on record, including the Case Diary.
Considering the facts and circumstances of the case, the quantum of contraband involved, and the fact that the entire contraband has already been seized and the major part of the investigation is completed, this Court is inclined to grant bail to the petitioner on certain stringent conditions, as further custodial interrogation is no longer warranted, despite the objections raised regarding his criminal antecedents.
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 Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore, 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;
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;
[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.
Note:
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. To
Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore
The Superintendent, Central Prison, Coimbatore.
The Inspector of Police Race Course Police Station, Coimbatore.
The Public Prosecutor, High Court, Madras.
