Gummala Seshu v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Gummala Seshu ... Petitioner Vs.

State rep by:- The Inspector of Police, NIB-CID Salem Police, Salem District.

(Crime No.60 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.60 of 2024 on the file of the Respondent Police. For Petitioner :

Mr.C.Deepakkumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl.side)

O R D E R

The petitioner herein was arrested on 25.08.2024 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C) and 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, and remanded to the judicial custody, in 1/4

Crime No.60 of 2024, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the respondent police found the accused persons in illegal possession of 270 kgs of ganja. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is innocent and is also suffering from AIDS, he may be considered for bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the respondent has completed the investigation and filed the final report. The special Court has taken the case on file in Spl.S.C.No.76 of 2025 and the trial is yet to commence.

5. Considering the objection raised by the learned Government Advocate (Crl.Side), regarding the commercial quantity of ganja seized from the possession of the petitioner, as well as the antecedents of two previous cases of similar in nature, this Court is of the view that the twin conditions imposed under 2/4

Section 37 of the NDPS are not satisfied, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed. 03.09.2025 drl To 1.The Judicial Magistrate No.2, Salem.

2.The Inspector of Police, NIB-CID Salem Police, Salem District.

3.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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