Debashish Mandal Nayak v. The State Of Tamilnadu Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Debashish Mandal Nayak S/o.Kanhu Charan Mandal Nayak, Anpur Village, Anuguru Post, R Udayagiri, Gajapati Taluk, District Orissa - 761016.

2. Sukanta Beera S/o.Jaya Beera, Anuguru, Anguru, R.Udaygiri, Gajapati Taluk, District, Orissa - 761016.

3. Turi Digal S/o.Koladur Digal, Paramapanga, Gumudumaha,Parampanga, Kandhamal Taluk, District, Orissa - 762 109.

..Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police PEW Pallikaranai Police Station, Chennai.

Crime No.81 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners A1, A2 and A3 on bail in Crime no.81 of 2026 pending investigation on the file of the Respondent Police.

For Petitioner(s):

M.Muthuraja For Respondent(s):

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 03.06.2026 for the alleged offence under Section 8 (c) r/w 20(b)(ii)(B), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.81 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found in possession of 15.300 kgs of ganja. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are A1 to A3. The total recovery from the petitioners is 15.300 kgs of ganja, each of the petitioners was found in possession of only 5.100 kgs of ganja. He further submitted that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and fairly submitted that the petitioners were found in possession of 15.300 kgs of ganja which comes under intermediate quantity. He further submitted that the petitioners, being natives of Orissa and therefore, there is difficulty to secure them for trial. He also fairly conceded that the petitioners have no previous cases pending against them. However, he opposed the grant of bail to the Petitioners.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), it is seen that the quantity involved is of an intermediate quantity and considering the period of incarceration of the petitioners since 03.06.2026 and upon the further fact that there is no criminal antecedents against the petitioners, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each (among two sureties, one should be a

blood surety and one should be a local surety), for a like sum to the satisfaction of the learned Principal Special Court under NDPS & E.C. Act, Chennai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

03-07-2026 DRL

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Principal Special Court under NDPS & E.C. Act, Chennai.

2. The Inspector of Police PEW Pallikaranai Police Station, Chennai.

3.The Superintendent, Central Puzhal Prison.

4.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 03-07-2026