IMPORTANT POINT
Bail – In a case of recovery of such a huge quantity of narcotic substance, Courts should be slow in granting even regular bail or anticipatory bail more so when accused is alleged to be having criminal antecedents.

ORDER :

1. Heard.

2. This appeal is directed against the order dated 25.01.2022 passed by the learned Single Judge of the Madras High Court whereby, the application under Section 438 of Code of Criminal Procedure, 1973 preferred by the respondent-accused in connection with Crime No. 235 of 2021 registered at P.S. Erode Taluk, District-Erode was allowed and the respondent-accused was granted anticipatory bail in connection with the aforesaid FIR registered for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter being referred to as ‘NDPS Act’).

3. On perusal of the case records, it becomes apparent that on search of the house of Brinda/A1 and Kesavan/A2, both were found to be in possession of 232.5 kg of ganja. The respondent-accused herein was indicted as being the conspirator for procurement/supply of the ganja so recovered.

4. As per the schedule to the NDPS Act, the commercial quantity of ganja is 20 kg. It is thus not in dispute that the quantity of the narcotic substance seized in this case is well above commercial quantity.

5. The learned Public Prosecutor appearing for the State in the High Court opposed the prayer for grant of anticipatory bail to the respondent-accused herein. The High Court considered the application for grant of anticipatory bail and allowed the same in the following manner:

“3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that all the cases were put up cases by the police in order to implicated him. Further he also submits that all the accused were arrested and all were released in the Trial Court in statutory bail. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that 3 previous cases pending against the petitioner, investigation almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate I, Erode, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, 3/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 1067 of 2022 failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner is directed to deposit a sum of Rs. 30,000/- (Rupees Thirty Thousand only) to the credit of the Registered Tamil Nadu Advocate Clerk Association, Chennai within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(b) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(c) the petitioner is directed to report before the respondent police on every Tuesday and Saturday at 10.30 a.m. until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(e) the petitioner shall not abscond either during investigation or trial.

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accor