Bennyraj Vs The State of Tamilnadu

State of Tamil Nadu rep. by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District. (Crime No.278 of 2026) ...Respondent/Complainant

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For Petitioner : Mr.K.M.Karunakaran Advocate For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side)

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PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :-

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For Bail in Cr.No. 278 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner / Accused, who was arrested and remanded to judicial

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custody on 01.07.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) of NDPS Act, in Crime No.278 of 2026 on the file of the

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14955 of 2026

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respondent police, seeks bail.

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The case of the prosecution is that on 01.07.2026 at about 16.30 hours, on prior information, the respondent police went to the place of occurrence and found that the accused was in possession of 1.200 kilograms of ganja. Hence, the FIR has been registered by the respondent police.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the contraband involved in this case is not commercial quantity. Hence, Section 37 of the NDPS Act is not applicable to this case. He is in custody from 01.07.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

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The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still pending. The petitioner has four previous cases. If he is released out of bail, again he will indulge in similar activities. He opposed the grant of bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14955 of 2026

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This Court heard both sides and perused the materials available on record.

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Considering the facts and circumstances of the case, nature of offences, though the petitioner has four previous cases, the quantity involved in this case is not commercial quantity, hence, Section 37 of the NDPS Act will not applicable to this case, and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions.

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

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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, Special Court under Essential Commodities Act, Thanjavur, and on further conditions that:

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[b] the petitioner shall report before the Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, at 10.30 a.m., on all working days, for a period of three weeks, thereafter as and when required for interrogation;

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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14955 of 2026

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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

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Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 51730].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J) 21.07.2026

TM

To

1.The Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur.