Authority: High Court of Judicature at Madras

Order Date: 23-07-2026

Case Overview

  • Parties: Petitioner – Fahad Hassain; Respondent – Superintendent of Customs RSI Unit‑Airport, New Custom House, Meenambakkam, Chennai (R.R.21 of 2026). Special Public Prosecutor – Mr. N.P. Kumar represented the Respondent.
  • Nature of Proceeding: Criminal Original Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail for the petitioner who was arrested and placed in judicial custody on 26‑05‑2026.
  • Allegations: The petitioner is alleged to have illegally concealed and transported 10.114 kg of ganja from Bangkok to Chennai aboard Air Asia Flight No. FD 153 on 20‑05‑2026. The contraband was discovered during a search conducted by the customs officer on 26‑05‑2026, leading to seizure and filing of R.R. No. 21/2026 under Sections 8(c) r/w 20(b)(ii)(B), 23, 28 and 29 of the NDPS Act.
  • Prosecution Position: The case involves an intermediate quantity of narcotics; petitioner has no prior criminal record but has been incarcerated since 26‑05‑2026. The prosecution opposed bail.
  • Petitioner’s Position: Counsel argued false implication, willingness to comply with stringent conditions, and highlighted that a separate bail application (Crl.MP.No. 3537 of 2026) filed before the Principal Special Court for EC and NDPS Act Cases, Chennai, was done without the petitioner’s authorization. An affidavit attested by the jailor of Central Prison, Puzhal, confirms lack of authorization. Whatsapp chats were produced showing the counsel’s reluctance to withdraw the application due to non‑payment of fees.
  • Court’s Observations: The Court noted the intermediate quantity, the petitioner’s clean record, the pending unauthorized bail application, and the dispute with the advocate. It decided to proceed with the present bail petition, deeming the pending application irrelevant to the current relief.

Final Outcome

  • The petitioner is granted bail on execution of a bond of Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties each for the same amount, to be satisfied to the learned Principal Special Court for EC and NDPS Act Cases, Chennai.
  • Conditions imposed:

a) Sureties must affix photographs and left thumb impressions on Judicial Form No. 46 and provide identity proof.

b) Petitioner must report daily before the respondent police at 10:30 a.m. until further orders.

c) Petitioner shall not abscond during investigation or trial.

d) Petitioner shall not tamper with evidence or witnesses during investigation or trial.

e) Breach of any condition empowers the learned Magistrate/Trial Court to pass appropriate orders as per Supreme Court precedent P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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

  • The order is to be uploaded forthwith on the official website of the Court, watermarked and bearing a QR code. All concerned authorities are directed to act on the uploaded order without insisting on certified hard copies.

Topics: Criminal Law, Bail, Drug Trafficking