Pandiyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2026

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.5254 of 2026 1.Pandiyan 2.Ranjith ... Petitioners/A1&A2 Vs.

The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

(Crime No.393 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.393 of 2025 on the file of the Respondent. For Petitioners :

Mr.T.Balachandran For Respondent :

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

O R D E R

The petitioner, who were arrested and remanded to judicial custody on 22.09.2025 for the alleged offences punishable under Section 8(c), 20(b)(ii) (c), 29(1), 25 of NDPS Act 1985, in Crime No.393 of 2025 on the file of the respondent Police, seeks bail.

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2. The allegation against the petitioners is that they, along with other accused, were found in possession of 21kgs of ganja. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners are the driver and owner of the vehicle and, therefore, the recovery cannot be attributed to them. He also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and undertake not to tamper with the witnesses. Hence, he prayed for grant of bail.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the quantity of ganja seized from the petitioners is 21 kgs, which constitutes commercial quantity. Hence, he opposed the grant of bail.

5. Considering that the commercial quantity of contraband seized from the petitioners and that the petitioners and the other accused had travelled together, it would fall within the rigour of Section 37(1)(b) of the NDPS Act. 2/4

Hence, this Court is not inclined to grant bail to the petitioners. Further, there is no change in circumstances from the earlier rejection of bail. Hence, this Court is not inclined to entertain the same.

6. Accordingly, this Criminal Original petition is dismissed. 02.03.2026 nvi To 1.The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN ,J., nvi Crl.O.P.No.5254 of 2026 02.03.2026 4/4