Dharneeshwaran v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Dharneeshwaran S/o Bhaskar, No.10/25, 3rd Street, Anna Nagar, Chennai - 60 057.

..Petitioner(s) Vs The State Rep. By The State of Tamil Nadu, Rep by the Inspector of Police, PEW Triplicane, Chennai.

Crime No.79/2025.

..Respondent(s) Prayer: This petition is filed under section 483 of BNSS to enlarge the petitioner/second accused on bail pending trial in C.C. No.1326/2025 now pending on the file of the Hon'ble I Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai and thus render justice. For Petitioner(s):

M/S. A.Thirumaran For Respondent(s):

MR.S.YOGARAJA SEKAR, Counsel for Government of Tamil Nadu (Crl Side)

ORDER

The petitioner is an accused in C.C. No.1326/2025 pending on the file of the I Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai. The petitioner was arrested and remanded to judicial custody on

27.06.2025 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c),29(1) of NDPS Act,1985 in Crime No.1326 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 22.750 kgs of ganja. Hence, the case.

3. The learned counsel for the petitioner submits that the seized contraband from the petitioner is only 10.5 kgs which is an intermediate quantity. He also submitted that there was some discrepancy between the samples taken and the seizure Mahazar and the petitioner is in judicial custody for one year. Hence, prays to grant bail to the petitioner.

4. The learned Counsel for Government of Tamil Nadu (Crl Side) submitted that the total quantity involved in this case is 22.750 kgs which is a commercial quantity. He also submitted that there is one previous cases pending against the petitioner and this is the third bail petition before this Court and the earlier bail petition was dismissed on 16.12.2025 in Crl.O.P.No.29830 of 2025 and Crl.O.P.No.6588 of 2026 on 24.03.2026.

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

6. The grounds raised by the petitioner with regard to discrepancy between the samples taken and the seizure Mahazar can be decided only before the Trial Court. Further, the quantity involved in this case is commercial in nature and the petitioner failed to satisfy twin conditions under section 37 of NDPS Act, hence this Court is not inclined to grant bail to the petitioner and this Criminal Original Petition stands dismissed. However, the Trial Court is directed to complete the trial within a period of nine months from the date of receipt of a copy of this order.

11-06-2026 Index: Yes/No Speaking/Non-speaking order smn To.

1. The I Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai.

2. The the Inspector of Police, PEW Triplicane, Chennai

3. The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

SMN 11-06-2026