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Madras High CourtCRL OP/4224/2026granted

Nazeer Ahmed v. State Rep By Its

2026-02-20Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Nazeer Ahmed ... Petitioner Vs.

The State represented by The Inspector of Police, Ooty Town Central Police Station, Nilgiris District.

(Crime No.12 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.12 of 2026 pending on the file of the respondent Police. For Petitioner :

Mr.T.Shanmugam For Respondent :

Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.09.2025, for the offence punishable under Sections 8(c) read with Section 20(b)(ii)(B), 25 and 29(1) of NDPS Act, 1985 in Crime No.12 of 2026, registered on the file of the respondent, seeks bail.

2. The allegation against the petitioner is that the petitioner is A3 and total quantity seized in this case is 17.550 kgs of ganja and from the 1/6

petitioner alone, separately 100g of ganja has been recovered. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that from the petitioner, only 100 grams of ganja has been recovered and it is only a small quantity and he has not involved in transportation and possession of small quantity. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has no previous case. However he opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that seized quantity is not a commercial quantity and the fact that the petitioner has no previous case and also taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand 2/6

only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Udhagai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in 3/6

accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.02.2026 sma 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.

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To 1.The Judicial Magistrate, Udhagai.

2.The Inspector of Police, Ooty Town Central Police Station, Nilgiris District.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 20.02.2026 6/6