Muthu Vs State Of Tamilnadu Rep By Inspector Of Police, Theni

The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 5.700 kgs of Ganja for the purpose of sale. Hence, the complaint has been registered.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is incarceration from 22.05.2026 and the quantity involved in this case is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case. Hence, he prayed for grant of bail to the petitioner.

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4. The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that

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the petitioner joining hands with other accused illegally trafficked 5.700 Kgs of Ganja. He further submitted that the petitioner has no previous cases. Hence, he opposed to grant bail to the petitioner.

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Heard both sides and perused the materials available on record.

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7. Considering the facts and circumstances of the case and the period of incarceration and he has no previous cases, quantity recovered is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case, this Court is inclined to grant bail to the petitioner subject to certain conditions.

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[a] Accordingly, the petitioner is ordered to be released

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on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Act Cases, Madurai, and on further conditions that:

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[b] the petitioner shall report before the learned

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Additional District Judge/Presiding Officer, Principal Special Court for EC and NDPS Act Cases, Madurai, on all

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working days at 10.30 a.m., for a period of two weeks.

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[c] the petitioner shall not commit any offence similar to

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the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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.

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State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 BNS.