Parvez Alam 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 Parvez Alam ... Petitioner Vs.

State Rep. By, The Inspector of Police, NIB-CID, Police Station, Kancheepuram.

Crime No.13 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in C.C.No.991 of 2024 pending trial on the file of the learned Principal Sessions Special Judge for Exclusive Trial NDPS Case at Chennai. For Petitioner :

Mr.A.Jabanesan For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 05.07.2024, for the offence punishable under Section 8(c) r/w Section 1/4

20(b)(ii)(C) of NDPS Act in Crime No.13 of 2024, registered on the file of the respondent, seeks bail.

2. The petitioner herein, a native of Tirupura, was arrested on 05.07.2024 for alleged possession of 24 kgs of ganja.

3. Learned counsel for the petitioner, relying upon the judgment of the Hon'ble Supreme Court rendered in Diraj Kumar Sukla vs. State of Uttar Pradesh, submitted that in spite of the bar under Section 37 of the NDPS Act, considering the long incarceration of the petitioner, bail may be granted in view of the fundamental right conferred under Article 21 of the Constitution of India.

4. This Court, on perusing the judgment cited as well as the counter filed by the State, finds that the petitioner was caught red-handed while transporting 24 kgs of ganja. The respondent police have completed the investigation and filed the final report. The case is posted for framing of charges before the learned Principal Sessions Special Judge for Exclusive Trial NDPS Case at Chennai.

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5. Considering the said facts, this Criminal Original Petition stands dismissed.

03.09.2025 cda To 1.The Principal Sessions Special Judge for Exclusive Trial NDPS Case, Chennai.

2.The Inspector of Police, NIB-CID, Police Station, Kancheepuram.

3.The Central Prison Puzhal, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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