Saminathan vs State Represented By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 14.03.2026 for the alleged offences punishable under Section 8(c) read with Section 20(b)(ii)(B) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.55 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused person 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 the statutory bar under Section 37 of the NDPS Act is not attracted to the facts of the present case. He further submitted that though the petitioner has one previous case pending against him, the said case pertains to an alleged offence of women harassment and is not under the NDPS Act, indicating no adverse antecedents involving narcotics. Taking note of the nature of the quantity and the period of incarceration undergone by the petitioner since 14.03.2026, he prayed for the enlargement of the petitioner on bail.

The learned Government Advocate (Criminal Side) 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, however, fairly admitted that the sole previous case listed against the petitioner does not fall under the provisions of the NDPS Act.

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.

It is also seen from the records that although the petitioner has one adverse past case against him, the said case relates to women harassment and is completely distinct from the provisions of the NDPS Act. The past antecedent does not relate to narcotic offenses. Considering the nature and quantity of the contraband involved, the fact that the statutory bar under Section 37 is not attracted, and evaluating the period of incarceration undergone by the petitioner since 14.03.2026, 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, each for a like sum to the satisfaction of the II Additional Special Court for Exclusive Trial of Cases Under NDPS Act, 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;

[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.