Rayeez Ahamed v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Rayeez Ahamed ... Petitioner -vsThe State Represented by, The Inspector of Police, C2 - Elephant Gate Police Station, Chennai - 600 001.

(Crime No.203 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.203 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.R.Nagaraj For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side) ********

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 19.04.2024, for the offence punishable under Section 8(c), 22(b), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.203 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 19.04.2025, on receipt of a secret information about illegal transportation of Narcotic substances, the Sub-Inspector of Police along with the Police team conducted a vehicle check up, during which, the accused was found to be in possession of 4 grams of MDMA, tablets, and the respondent have seized the contraband. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is in judicial custody from 19.04.2024 and hence, further custody of the petitioner is not required. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are totally three accused in this case and the petitioner herein is ranked as A1. He further submitted that the petitioner along with other accused were found to be in illegal possession of 6 numbers of MDMA, tablets, totally weighing 4 grams. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6.Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Principal Special Court under NDPS Act, Chennai, and on further conditions that: 3/6

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m, from Monday to Friday and shall further appear before the respondent police at 10.30 a.m., on every Saturday and Sunday until further orders.

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

11.06.2025 ep Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Principal Special Court under NDPS Act, Chennai.

2.The Inspector of Police, C2 - Elephant Gate Police Station, Chennai - 600 001.

3.The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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