P.Nathees v. The Intelligence Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 4143 of 2026 P.Nathees

...Petitioner

Vs State of Tamil Nadu rep. by The Intelligence Officer, DRI Regional Unit, Trichy.

(F.No.DRI/CZU/TRY/VII/48/ENQ-01/INT-01/2025)

...Respondent/Complainant

For Petitioner : Mr.R.Alagia Nambi Advocate.

For Respondent : Mr.S.Gurumoorthy Special Public Prosecutor for DRI Cases PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in F.No.DRI/CZU/TRY/VII/48/ENQ-01/INT-01/2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 30.06.2025, for the offences punishable under Sections 8(c) r/w. 1/6

20(b)(ii)(C) and 29 of NDPS Act, in F.No.DRI/CZU/TRY/VII/48/ENQ-01/INT - 01/ 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on secret information the respondent officials went to the scene of occurrence, where the petitioner along with other accused persons transported 36 kgs. of ganja illegally. Near Central Bus Stand, Trichy, the accused persons were caught hold with ganja. Hence, the case.

3. 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. Hence, he prayed bail for the petitioner.

4. The learned Special Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. Totally there are four accused in this case. A1 is still absconding. The accused persons transported the ganja from Andra Pradesh to some other place. The quantity involved is commercial quantity. Hence, he vehemently opposed the grant of bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, though the prosecution has stated that the quantity is commercial quantity, in a public place through separate mahazars from separate individual the contraband was recovered separately, all the contraband were clubbed together, thereby cannot be termed as commercial quantity and the contraband recovered from this petitioner is not a commercial quantity and it is only 15.8 kgs. that there is no previous case pending, investigation has been completed and charge sheet was also filed and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] 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 E.C. and NDPS Cases, 3/6

Pudukkottai, and on further conditions that:

[b] the petitioner shall report before the Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Cases, Pudukkottai, at 10.30 a.m., on all working days, until further orders;

[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;

[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]. 4/6

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

(P D B J) 29.04.2026 TM To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. and NDPS Cases, Pudukkottai.

2.The Intelligence Officer, DRI Regional Unit, Trichy.

(F.No.DRI/CZU/TRY/VII/48/ENQ-01/INT-01/2025) 3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 4143 of 2026 Date : 29.04.2026 6/6