Umayachandran vs Inspector Of Police

V.Sivagnanam, J

The petitioner/Accused, who was arrested and remanded to judicial custody on 12.10.2023 for the alleged offence punishable under Section 8(b) r/w.20(a)(i)and 25 of NDPS Act in Crime No.71 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on search the respondent police found the petitioner growing two ganja plants weighing 450grams and 600 grams in his house. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and is in custody from 12.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that on search the respondent police found the petitioner growing two ganja plants weighing 450grams and 600 grams in his house, hence he objected to grant bail to the petitioner. However he fairly concedes no previous case is pending against the petitioner.

5.Considering the facts and circumstances and also considering the fact that no previous case is pending against the petitioner and also considering the period of incarceration and also taking into consideration the quantity of contraband involved and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Additional District and Sessions Judge/ Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukottai and on further conditions that:

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

(iii) the petitioner shall appear before the trial Court on the first working day of every English Calendar month at 10.30 am.,until further orders.

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.

(vi) 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.