Iqbal Basha Urundadi v. The State Rep By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.6304 of 2025 Iqbal Basha Urundadi, S/o.Basha Byari ... Petitioner Vs.

The State Rep. By its The Superintendent of Customs, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in C.C.No.447 of 2023 on the file of the Hon'ble 1st Additional Special Judge for NDPS Cases, Chennai.

For Petitioner :

Mr.C.S.S.Pillai For Respondent :

Mr.Vishnu Special Public Prosecutor

O R D E R

The petitioner/accused, who was arrested and remanded to judicial custody on 12.08.2022, for an alleged offence punishable under Section 8(c) read with 22(c), 23(c), 28 and 29 of the NDPS Act in C.C. No.447 of 2023, registered on the file of the respondent, seeks bail.

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2.The case of the prosecution is that on 12.08.2022, the petitioner was found in possession of 9590 grams of Heroin and the seizure was made in the public place (International Airport at Chennai). Hence, the case was registered. 3.The learned counsel for the petitioner raised several points to impress upon this Court that there are mandatory violations in search and seizure of the contraband as well as the identification of the accused. Hence, prayed for grant of bail to the petitioner.

4.The learned Public Prosecutor submitted that based on the specific information received from the informant, the AIR New Customs found that the petitioner was in possession of 9590 grams of Heroin. Hence, strongly opposed for grant of bail to the petitioner.

5.Heard the learned counsel on either side and perused the records. 6.However, this Court on considering the materials collected and placed before this Court, is of the view that this facts are to be decided in the Courts of 2/4

Trial and not prima facie satisfaction about the culpability of the petitioner. Hence, the petition stands dismissed.

18.08.2025 mp To

1. The I Additional Special Judge, for NDPS Cases, Chennai.

2. The Superintendent of Customs, Chennai.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN , J.

mp Crl.O.P.No.6304 of 2025 18.08.2025 4/4