Pushbendra Singh v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4233 of 2025 R. Pushbendra Singh, Male, Aged 24 years S/o. Ranveer Singh No.403 JB Nagar, 5th Cross Street Singhasandra, Bangalore ... Petitioner/Accused-3 Vs.

The State Represented by Inspector of Police, R-3 Ashok Nagar Police Station, Chennai District (Crime No.449 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.449 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Sundara Rajan For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.12.2024, seeking bail in Crime No.449 of 2024 registered for the offences punishable under Sections 8(c) r/w 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. The case of the prosecution is that based on secret information, the petitioner along with two other accused was found in possession of 59 grams of Methamphetamine and that from this petitioner 11 grams of Methamphetamine was seized.

3. The learned counsel for the petitioner submitted that the allegations against the petitioner are false; that the petitioner has nothing to do with the other accused; that the petitioner has no bad antecedents and that considering the contraband seized from the petitioner, which is intermediate quantity, the petitioner may be released on bail.

4. The learned Government Advocate (Crl.Side) appearing for the 2/5

respondent police, submitted that all the three accused were found together and were in joint possession of commercial quantity and therefore, rigors of Section 37 of the NDPS Act would be applicable and considering the fact that the petitioner has not satisfied the twin conditions stipulated under Section 37 of the NDPS Act, the present Criminal Original Petition has to be dismissed.

5. This is the third bail application filed by the petitioner. Upon hearing the submissions of the learned counsel for the petitioner and the learned Government Advocate for the respondent and on a perusal of the counter affidavit filed by the respondent, it is seen that the petitioner and the other accused were arrested at the same time and were in possession of 59 grams of Methamphetamine. In such circumstances, rigors of Section 37 of NDPS Act would be applicable and the petitioner has not satisfied the twin conditions specified under Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition stands dismissed.

18.03.2025 bga 3/5

To

1. The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai District (Crime No.449 of 2024).

2. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

bga Crl.O.P.No.4233 of 2025 18.03.2025 5/5