Mohammed Siddique v. State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Mohammed Siddique ..Petitioner Vs State rep by its, The Inspector of Police C-5, Kothavalchavadi Police Station, Chennai- 600 001.

Crime No.80/2025 ..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.949 of 2025 in Crime No.80 of 2025 on the file of the C-5, Kothavalchavadi Police Station.

For Petitioner:

Mr.K.Shahul Hameeth For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.05.2025 for the alleged offences under Sections 8(c) r/w 8(c), 22(b), 29(1) of NDPS Act, in Crime No.80 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.05.2025 at about 22.00 hours, during vehicle checkup, A1 was found in possession of 3.88 grams of Methamphetamine. At that time, the petitioner attempted to escape from the place of occurrence and was apprehended by the respondent police. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case without any basis. It is further submitted that there is no direct recovery from the petitioner and he has been implicated only based on the confession of the co-accused. The learned counsel would submit that the petitioner has no connection with the alleged offence and the respondent police have not properly enquired into the true facts. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the case involves commercial quantity and the offence attracts the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 Act. It is further submitted that the petitioner has not satisfied the twin conditions contemplated under Section 37 of the NDPS Act and therefore, he is not entitled to bail.

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

6. This Court is of the view that considering the nature of the allegation and the fact that the case involves commercial quantity, the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Act squarely applies. Further, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 30-04-2026 NSL To

1. The Inspector of Police, C-5, Kothavalchavadi Police Station, Chennai- 600 001.

2. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

NSL 30-04-2026