Prasanth Vs State of Tamil Nadu rep. by the Inspector of… — Narcotics (NDPS) | Madras HC (2026)

Prasanth Vs State of Tamil Nadu rep. by the Inspector of… — Narcotics (NDPS) | Madras HC (2026)

What the court decided

AI extract

Outcome

Bail granted subject to conditions: release on a bond of Rs.20,000/- with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai; reporting before that court on all working days at 10.30 a.m. for four weeks and thereafter as and when required for interrogation before the respondent Police; no commission of similar offences; no absconding during investigation or trial; no inducement, threat or promise to any person acquainted with the facts or tampering with evidence; on breach of conditions, the learned Judicial Magistrate/Trial Court entitled to take appropriate action as laid down in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; if the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

Issue for consideration

Whether bail ought to be granted to the petitioner/Accused No.1, arrested and remanded to judicial custody on 18.06.2026 for alleged offences under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985 in Crime No.112 of 2026. +2 more

Court's answer

The petitioner is ordered to be released on bail on executing a bond of Rs.20,000/- with two sureties each for a like sum to the satisfaction of the Additional District and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai, subject to further conditions.

Ratio / Principle

The quantity of Ganja recovered is an intermediate quantity and Section 37 of the NDPS Act is not applicable to this case.

Key takeaways

Though the petitioner has nine previous cases, considering the period of incarceration undergone by him from 18.06.2026, the Court was inclined to grant bail.ratio¶30

Detailed headnote1 paragraphs

Bail granted — Madurai Bench of Madras High Court (Criminal Jurisdiction), K. Rajasekar J.: CRL OP(MD) No.15614 of 2026, petition under Sec.483 of BNSS by Prasanth/Accused No.1, in judicial custody since 18.06.2026 in Crime No.112 of 2026 (PEW-Trichy City Police Station) for alleged offence under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985 following seizure of 1.700 kgs of Ganja on 16.06.2026. Court held the recovered quantity to be an intermediate quantity and Section 37 of the NDPS Act inapplicable; despite nine previous cases (per the State, three similar in nature) and pending investigation, the period of incarceration from 18.06.2026 weighed in favour of release. Bail ordered on a bond of Rs.20,000/- with two like sureties before the Additional District and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai, with daily reporting at 10.30 a.m. for four weeks and standard conditions; on breach, Trial Court may act as laid down in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; absconding attracts a fresh FIR under Section 269 BNS.

CRL OP(MD). No.15614 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 28/07/2026

PRESENT

The HONOURABLE MR. JUSTICE K. RAJASEKAR

CRL OP(MD). No.15614 of 2026

Prasanth, S/o.Tamilarasan, No.115, Mill Colony, Mariyamman Kovil Street, Ramji Nagar, Trichy District.. ... Petitioner/Accused No.1

Vs

State of Tamilnadu Rep by, The Inspector of Police, PEW-Trichy City Police Station, Thiruchirappalli District. Crime No.112 of 2026. ... Respondent/Complainant

For Petitioner : Mr.N.Ananda Kumar, Advocate.

For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side)

PETITION FOR BAIL Under Sec.483 of BNSS

PRAYER :- C-32B. For Bail in Crime No.112 of 2026 on the file of the Respondent Police.

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CRL OP(MD). No.15614 of 2026

ORDER : The Court made the following order :-

The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 18.06.2026 for the alleged offence under Sections 8(c) and 20(b)(ii)(B) of NDPS Act, 1985, in Crime No.112 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 16.06.2026, at about 06.00 p.m., while the defacto complainant, who is the SSI of Police of respondent Police were on surveillance duty at Milcoloy Mariamman Kovil Street, near the petitioner's house to prohibit the sale of illegal substances, they found that the petitioner along with the other accused were in illegal possession of 1.700 kgs of Ganja. Hence, the complaint has been registered and the petitioner has been arrested.

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 2/7

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CRL OP(MD). No.15614 of 2026

the petitioner is incarceration from 18.06.2026 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.

4. The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner illegally trafficked 1.700 kgs of Ganja. He further submitted that the petitioner has nine previous cases, out of which, three cases are similar in nature. The investigation in this case is still pending. Hence, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case and the fact that the quantity recovered is a intermediate quantity and Section 37 of the NDPS Act is not applicable to this case and though the petitioner has nine previous cases, considering the the period of incarceration undergone by the petitioner from 18.06.2026, this Court is inclined to

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CRL OP(MD). No.15614 of 2026

grant bail to the petitioner subject to certain conditions.

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

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 and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai, and on further conditions that:

[b] the petitioner shall report before the learned Additional District and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai, on all working days at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation before the respondent Police.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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CRL OP(MD). No.15614 of 2026

[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;

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

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

be registered under Section 269 BNS.

(K R S J) 28.07.2026

vsg

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CRL OP(MD). No.15614 of 2026

TO

1.The learned Additional District and Sessions Judge/Presiding Officer, Special Court under EC and NDPS Act, Pudukottai.

The Superintendent, Central Prison, Trichy.

3.The Inspector of Police, PEW-Trichy City Police Station, Thiruchirappalli District.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K. RAJASEKAR,J.,

vsg

ORDER IN CRL OP(MD) No.15614 of 2026

Date : 28/07/2026

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