Case Note & Summary
The judgment pertains to three Criminal Original Petitions filed under Section 483 of the BNSS Act seeking bail for the petitioners/accused in Crime No.249 of 2025 registered at Tirupur Central Police Station. The petitioners are Senthil Nathan (A5), Karthikeyan (A2), and Prabhu (A3). According to the prosecution, one Kavin was found administering a narcotic substance, and upon interrogation, he revealed that he purchased the substance from Karthikeyan and Prabhu. Further investigation led to the involvement of Senthil Nathan. The main allegation is that the petitioners possessed and used medicines as a narcotic substance. The court considered the submissions of the learned counsel for the petitioners and the Government Advocate. The court noted that the quantity of the narcotic substance allegedly possessed was less than commercial quantity, and there was no evidence to suggest that the petitioners would tamper with evidence or flee. The court also observed that the procedural requirements under the NDPS Act were not fully complied with. Consequently, the court granted bail to all three petitioners subject to conditions, including executing a personal bond and providing sureties, reporting to the police station periodically, and not tampering with evidence. The court directed that the petitioners be released on bail upon compliance with the conditions.
Headnote
A) Criminal Procedure - Bail - Section 483 BNSS Act - Petitioners sought bail in Crime No.249/2025 for offences under NDPS Act - Court considered the nature of substance, quantity, and procedural compliance - Held that bail can be granted when the quantity is less than commercial quantity and there is no evidence of tampering or flight risk (Paras 2-5). B) Narcotic Drugs - Bail under NDPS Act - Section 37 of NDPS Act - The court examined the twin conditions under Section 37 - Held that the prosecution failed to establish that the petitioners are likely to commit similar offences or that their release would hamper investigation - Bail granted with conditions (Paras 3-5).
Issue of Consideration
Whether the petitioners/accused are entitled to bail under the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly when the quantity of narcotic substance allegedly possessed is less than commercial quantity and procedural safeguards were not fully complied with.
Final Decision
Bail granted to all three petitioners subject to conditions: executing personal bond of Rs.10,000 with two sureties, reporting to the police station daily at 10:30 AM for two weeks, not tampering with evidence, and not committing similar offences.
Law Points
- Bail under NDPS Act
- Section 37 of NDPS Act
- Commercial quantity threshold
- Procedural compliance in search and seizure
- Section 483 BNSS Act
