R.Sharafudheen v. State Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN R.Sharafudheen S/O. Riyad, Valiyaparambil, Thoppil, Thrikkakara North (Part), Ernakualam, Kerala-682021 ..Petitioner(s) Vs State represented by:

The Inspector of Police, Sooramangalam Police Station, Salem City.

Crime No.622 of 2025 ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Crime NO.622 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr. P.Vimal Raj For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.11.2025 for the alleged offences under Section 8(c) and 20(b)(ii)(C) of NDPS Act, 1985 in Cr. No.622 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.02.2024, it was found by the respondent police on secret information that the accused have illegally transported 2.034 kgs of Hashisoil and hence the case.

3. The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 14.11.2025 and he has been under incarceration for the past more than 130 days. It is the further contention of the learned counsel for the petitioner that investigation has also been completed and therefore, prayed to enlarge the petitioner on bail.

4. At this juncture, the above said contention of the petitioner was stoutly objected by the learned Government Advocate (Criminal side) appearing for the respondent police on the ground that the petitioner is the sole accused in this case and he is a native of Kerala. He would further submit that 2.034 kgs of Hashisoil was recovered and more than 1 kg is a commercial quantity. He would also submit that the petitioner has two previous cases and one is similar nature of offence.

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

6. Therefore, taking into consideration of the totality of circumstances,

considering the recovery of commercial quantity of contraband, upon the fact that the petitioner has one previous case of similar nature under NDPS Act, upon the further fact that the recovery of contraband is a commercial quantity and also upon the fact there are no ingredients to overcome the rigors under Section 37 of NDPS Act, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition is dismissed. 02-04-2026 MJS 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.

To

1. The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, Sooramangalam Police Station, Salem City.

C.KUMARAPPAN, J.

MJS 02-04-2026