Prakash Raj v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL OP No. 5758 of 2026 Prakash Raj ..Petitioner in Crl.OP.No.5751 of 2026 Sasi Kumar @ Maandi ..Petitioner in Crl.OP.No.5758 of 2026 Vs The State Rep By, The Inspector of Police H-8, Thiruvottiyur Police Station, (Crime No. 736 of 2025) ..Respondent in both Crl.Ops.

Prayer: Criminal Original Petition filed under section 483 of BNS Act to enlarge the petitioner/accused on bail in CC.No.1049 of 2025 pending on the file of II Additional Special Court under EC and NDPS act at Chennai in Crime NO.736 of 2025 dated on 16.05.2025 pending on the file of Respondent Police. For Petitioners:

R.Dinesh For Respondent:

Mr. Vinoth Kumar Government Advocate (Crl Side)

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 16.05.2025 for the alleged offence under Section 8(c), 20(b)(ii)(C), 29(1) of NDPS Act, 1985 in Crime No.736 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioners were found in possession of 25 kgs of ganja. Hence, the case.

3. The learned counsel for the petitioners submitted that according to the prosecution, there was recovery of 25 kgs of ganja from the petitioners and the petitioners have been incarcerated since 16.05.2025. This is the 2nd bail application and the trial proceeded at a snail's pace. Therefore, he prays for grant of bail to the Petitioners.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and the contention of the learned counsel for the petitioner was totally objected by the learned Government Advocate (Crl.Side). Further, he relied on the order of this Court dated 04.02.2026 wherein as against these petitioners bail was denied and

there are no change in circumstances. Hence, he opposed the grant of bail to the Petitioners.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side, it is rightly contended by the learned Govt Advocate (Crl.Side) that there are no change in circumstances from the earlier disposal order dated 04.02.2026. No doubt, the petitioners have been incarcerated since 16.05.2025, however, as per the quantity of contraband recovered from the petitioner, the case comes under the commercial quantity case. Therefore, in order to overcome the rigour of section 37(1)(b)(ii) of NDPS Act, there are no materials available in the petition as well as in the submission of the learned counsel for the petitioner. Hence, this Court is not inclined to enlarge the petitioner on bail. This Criminal Original Petition is dismissed.

24-03-2026 SHL

To:

1. The II Additional Special Court under EC and NDPS act at Chennai

2. The Inspector of Police H-8, Thiruvottiyur Police Station.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL and CRL OP No. 5758 of 2026 24-03-2026