Ajith v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Ajith S/o. Venkatesh, Pillaiyar Kandriga, Vengalathur, Chittoor, Andhra Pradesh ..Petitioner inCrl.O.P.No.3149 of 2026 Dillibabu S/o. SIVARAMAN, Thuthiyathaamman Kovil Street, Azhagiripettai Village, Pichattoor, Thirupathi District, Andhra Pradesh.

.. Petitioner in Crl.O.P.No.3151 of 2026 Vs The State Rep.by, The Inspector of Police, PEW Periyapalayam Unit, Periyapalayam, Tiruvallur District.

Cr.No.29/2025.

..Respondent in both Crl.O.Ps

COMMON PRAYER: To enlarge the petitioners on bail in Cr.No.29 of 2025 on such conditions as this Honble Court may deem fit and proper For Petitioners in both Crl.O.Ps:

N.Palanivel For Respondent in both Crl.O.Ps:

Mr.A.Gopinath Government Advocate(Crl. Side) COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 01.03.2025, for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(C), 29(1), 25 of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.29 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that, A1 to A6 who are known to each other for enriching themselves by ganja, these petitioners went to Andhra Pradesh and purchased 21.50 kgs of ganja and after packing it into two bags, A1 to A2/petitioners were carrying 10kgs in a bag and keeping it in a two wheeler bearing Reg.No.AP 03 CH 4501, remaining 11.50 kgs of ganja carried by A3 and A4 in another two wheeler, A5 & A6 also accompanied them in another two wheeler; while they entered Uthookottai check post, they were intercepted by the police based on the prior information. After seeing the police, A5 & A6 diverted the vehicle and escaped, however A1 to A4 along with two bikes and

contraband were arrested after completing the mandatory provisions under NDPS Act and thereafter, based on the confession recorded from other accused, A5 & A6 were arrested. Hence, the case.

3. Earlier bail petition of the petitioners was dismissed on 11.11.2025 in Crl.O.P.Nos.16060, 19030 & 19065 of 2025 on the following reasons: "5. On careful perusal of the FIR and other connected records, it reveals that, police had recovered 21.50 kgs of ganja from A1 to A4 while transporting in a two wheeler. Further, there is no material produced before me to establish that they were travelled separately. The FIR and the seizure mahazar revealed that the all the persons travelled together but in two separate vehicles and the evidence is sufficient to substantiate the case of the prosecution that they were in conscious possession of the contraband.

Since the contraband seized is a commercial quantity, the rigors of Section 37 of NDPS Act falls on the accused A1 to A4, however, as far as A6 is concerned, except confession statement recorded from the arrested accused, there is no other material produced before me that they travelled along with A1 to A4 and further there is no material to show that A5 & A6 were identified by the witnesses to show that they are the persons who travelled in the two wheeler along with A1 to A4. Since there is no other material produced to connect A5 & A6 in this case, I am inclined to grant bail to the petitioner/A6 in Crl.O.P.No.19065 of 2025.

accused, I am not inclined to grant bail to the petitioners in Crl.O.P.No. 16060 & 19030 of 2025."

4. The learned counsel appearing for the petitioners submitted that after dismissal of the earlier bail petition, now the final report is filed and the petitioners are in incarceration for a longer period. Hence, he prays to grant bail to the petitioners.

5. However, the petitioners have not made out any grounds for satisfying Section 37 of the NDPS Act, hence, this Court is not in a position to grant bail to the petitioners. Accordingly, these criminal original petitions are dismissed. 10-02-2026 MPA To 1.The State Rep.by, The Inspector of Police, PEW Periyapalayam Unit, Periyapalayam, Tiruvallur District.

Cr.No.29/2025.

2.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 10-02-2026