Santhosh v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Santhosh S/o.Lakshmanan, No. 224, Ganeshapuram, Balakrishna Road, Mylapore, Chennai - 600 004.

..Petitioner(s) Vs State Represented by:

The Inspector of Police PEW-Poonamallee Police Station, Avadi.

Crime No. 158/2025.

..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Crime No. 158/2025 on the file of the respondent police and thus render justice. For Petitioner(s):

Mr. P.Sridhar For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.10.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(B) and 22(C) of NDPS Act in Cr. No.158 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.10.2025 at about 11.15 hours, on a secret information,, when the police party went to the place of occurrence i.e., near Poonamallee Senneerkuppam Service Road Junction, the accused was found carrying 3 kgs of ganja and intoxicating 1450 nos. of Nitrazepam tablets for sale. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is under incarceration since 10.10.2025 and he is ready and willing to abide by any condition that may be imposed by this Court and hence prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police filed a counter statement, wherein it has been stated that the petitioner has two previous cases, one is under NDPS Act and another is under IPC and the quantity involved in this case is of commercial quantity and hence opposed to enlarge the petitioner on bail.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. The learned Government Advocate would further submit that the total contraband recovered from the petitioner is 3 kgs of Ganja, which is an intermediate quantity and 1450 nos. of Nitrazepam tablets, according to the lab report, the weight of the above tablet is 806.34 grams. He would further submit that more than 20 kgs of Ganja recovered, which is commercial quantity. Therefore, this is the case of recovery of Narcotic substance of commercial quantity. Therefore, Section 37(1)(b)(2) of NDPS Act would attract. Therefore, this Court could not find any reason to overcome the rigors under Section 37 of NDPS Act. In view of the same, it is not desirable to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition is dismissed. 11-03-2026 MJS 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 Public Prosecutor, High Court, Madras.

2. The Inspector of Police, PEW-Poonamallee Police Station, Avadi. C.KUMARAPPAN, J.

MJS 11-03-2026