Pasupathi v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9629 of 2025 Pasupathi ... Petitioner/Accused Vs.

The State represented byRep. By The Inspector of Police, E5, Sholavaram Police Station, Avadi District.

(Crime No.35 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.35 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Chandrasekar For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.01.2025, seeking bail in Crime No.35 of 2025 registered for the offences under Sections 8(c) r/w 20(b)(ii)(B), 22(c), 25 & 29(1) of the NDPS Act, 1985.

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2. The case of the prosecution is that originally the first accused was found in illegal possession of 1.200 kilograms of ganja and on his confession, the petitioner was arrested for illegal possession of 52 grams of Methamphetamine. Hence, the case.

3.Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the contraband was seized and that the petitioner is in custody from 18.01.2025 and hence, he may be released on bail.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that as against the petitioner, the offence was altered for possession of commercial quantity of the contraband; that the petitioner therefore has to satisfy the twin condition under Section 37 of NDPS Act, which is not done in this case and that the petitioner has five previous cases under IPC offence.

5. According to the prosecution, the petitioner was found in possession of 52 grams of Methamphetamine. The petitioner has to satisfy the twin conditions 2/4

under Section 37 of NDPS Act. The petitioner has not raised any grounds to satisfy the twin conditions under Section 37 of NDPS Act. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner, at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. 02.04.2025 rkp To 1.The Inspector of Police, E5, Sholavaram Police Station, Avadi District.

2. The Superintendent, Central Prison, Puzhal.

3. The Public Prosecutor, High Court of Madras. 3/4

SUNDER MOHAN., J.

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