Kaviyarasu (Alias) Kalith v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Kaviyarasu (Alias) Kalith ... Petitioner Vs.

The State represented by, The Inspector of Police, K-7, I.C.F. Police Station, Chennai - 600 038.

(Crime No.56 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.56 of 2025 on the file of the respondent Police. For Petitioner :

Mrs.Selvi George for Mr.S.Vijayaraghavan For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.03.2025 for the offences punishable under Sections 8(c), 22(c) of NDPS, Act 1985 in Crime No.56 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that 04.03.2025 at about 15.00 hours, based on secret information regarding the illegal transport of Narcotic substances, the respondent police along with his team went to the scene of occurrence, wherein the petitioner was found in possession of 64 gram methamphetamine and the said contraband was seized by the respondent police. Hence, the case.

3. The contention of the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that on 14.03.2025, the respondent police took him from his house and later showed him as having sold Methamphetamine near Karpaga Vinayagar Koil Street. The petitioner states that he possesses CCTV footage from his house to substantiate this claim. recording and the same was taken from his house. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed for grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner. He submitted that the petitioner was found in possession of 64 grams of Methamphetamine, which is a commercial quantity, and was also involved in selling the same. During the search, the contraband was recovered from the petitioner's pant pocket and duly seized by the respondent police. He 2/4

further submitted that the investigation is still pending and that the statutory period has not yet been completed as the petitioner was arrested on 04.03.2025. He further submitted that the petitioner has no previous case, in similar nature, though one case under Section 399 IPC is still pending.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either side and taking note of the fact that the contraband seized is a commercial quantity, and as per the prosecution, statutory period has not yet been completed and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 04.08.2025 drl To

1. The Special Court for Exclusive Trial under the NDPS & EC Act, Chennai.

2. The Inspector of Police, K-7, I.C.F. Police Station, Chennai - 600 038.

3. The Superintendent, Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. M.NIRMAL KUMAR, J.

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