Haji Mohammed v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13260 of 2025 Haji Mohammed ... Petitioner/Accused-3 Vs.

The State represented byThe Inspector of Police, Villupuram West Police Station.

Villupuram.

(Crime No.69 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.69 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. R. Harikrishnan 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 22.03.2025, seeking bail in Crime No.69 of 2025 registered for the offences under Sections 8(c) and 20(b)(ii)(B) of 1/5

NDPS Act.

2. The case of the prosecution is that based on secret information, the A1 to A3 were found in possession of 1600 grams of Ganja; and that based on the confession of the co-accused, the petitioner has been implicated.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that contraband has been seized; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that seized contraband is intermediate in quantity; that no recovery is made from this petitioner; and that the petitioner has no bad antecedents.

5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the petitioner has no bad antecedents, no recovery is made from this petitioner and the seized contraband involved in this case is an intermediate quantity, this Court is of the view that further custody of the 2/5

petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for trial of Narcotic Drugs and Psychotropic Substances Act cases, Villupuram. [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 3/5

conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

28.04.2025 mjs To

1. The Special Court for trial of Narcotic Drugs and Psychotropic Substances Act cases, Villupuram.

2.The Inspector of Police, Villupuram West Police Station, Villupuram District.

3. The Superintendent of Police, Central Prison, Vedampattu, Villupuram.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs 28.04.2025 5/5