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Madras High CourtCRL OP/2711/2026dismissed

Jana v. State Rep By It Inspector Of Police,

2026-02-20Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2711 of 2026 Jana S/o Sathish ... Petitioner Vs.

State rep. by The Inspector of Police B-7 Vellavedu Police Station, Avadi District ( Crime no.95 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.95 of 2025 on the file of The Inspector of Police, B-7 Vellavedu Police Station, Avadi District/respondent herein and pass orders. For Petitioner : Mr.T. Shanmugam For Respondent : Dr.C.E. Pratap Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 20.03.2025 for the offence punishable under Section 8(c) r/w Section 22(c), 25 of NDPs Act in Crime No.95 of 2025 registered on the file of respondent police seeks bail.

2. The case of the prosecution is that the respondent police received information that some unknown persons were selling drugs. Hence the respondent went to the place of occurrence on 20.03.2025 at about 11.30 a,m and intercepted the petitioner's vehicle and found 400 nos of Tramadol Hydro chloride and Acetaminphen tablets. After completing the mandatory provisions and legal procedures the tablets were seized and the case was registered against the petitioner and they were remanded to judicial custody on 20.03.2025. Hence, the case.

3. The learned counsel for the petitioner submitted that there is no recovery from this petitioner and investigation in this completed and there is no previous case pending against the petitioner. He further submitted that the petitioner is ready to co-operate with the investigation and abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate reiterated the prosecution case and submitted that it is a case of commercial quantity and the seized drugs comes under Entry 238 2H. He further submitted the petitioner failed to satisfy the condition stipulated under Section 37 of the NDPS act. Hence, he opposed to grant bail to the petitioner.

5. I have gone through the F.IR and it reveals that the seized quantity falls within the definition of commercial quantity. Hence, Section 37 of NDPS is applicable to the case

6. Considering the facts of the case and the quantity involved in this case is commercial quantity and the petitioner failed to satisfy the twin conditions as contemplated under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 20.02.2026 smn

K.RAJASEKAR , J.

smn To

1. The The Inspector of Police B-7 Vellavedu Police Station, Avadi District 2.The Public Prosecutor High Court of Madras, Chennai 600 104.

Crl.O.P.No.2711 of 2026 20.02.2026