Syed Rizwan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Syed Rizwan ..Petitioner Vs State Represented by, Inspector of Police, St. Thomas Mount, PEW Police Station, Chennai District.

(Crime No.136/2025) ..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.1173 of 2025 on the file of the II Additional Special Court for Exclusive Trial of cases under NDPS Act at Chennai. For Petitioner:

Mr.P.Krishnakumar For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.06.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substance Act, 1985, in Crime No.136 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 21 kilograms of ganja. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been in judicial custody since 22.06.2025 and though the charge sheet was filed on 09.10.2025, not even a single witness has been examined till date. The learned counsel for the petitioner would further submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that this is a case of sole accused and recovery of 21 kilograms of ganja. It is further submitted that the trial has already commenced and the case is posted on 10.06.2026 for examination of P.W.1 and the prosecution is ready to examine the witnesses. Hence, he opposed to grant bail to the petitioner.

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

6. From the submission of the learned counsel on either side, this Court is of the view that the recovery from the petitioner is 21 kilograms of ganja, which is commercial quantity. Further, the trial has already commenced and the prosecution is ready to proceed with the examination of witnesses. Considering the commercial quantity involved and in the absence of any material to overcome the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition stands dismissed. 08-06-2026 NSL To

1. The Inspector of Police, St. Thomas Mount, PEW Police Station, Chennai District.

2. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 08-06-2026