Sonu Mithanu Gupta v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sonu Mithanu Gupta ..Petitioner(s) Vs The State Rep. By, The Superintendent of Customs RSI Unit Airport, New Customs House, Meenambakkam.

..Respondent(s) Prayer: Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in OS No.222/2026-AIU-D & OS No: 22 of 2026-INT-AIR, Special Court for customs, Alandur with any terms and conditions. For Petitioner(s):

M/s.Sathya Priya For Respondent(s):

Mr.K.Purushothaman Special Public Prosecutor for Customs.

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.04.2026 for the alleged offences under Section 8(c) read with Sections 23, 28, 29, Section 20(b)(ii)(A) of NDPS Act, 1985 in OS No.222/2026-AIU-D & OS No: 22 of 2026-INT-AIR on the file of the respondent, seeks bail.

2. It is the case of the prosecution that the petitioner was found in illegal possession of 868 grams of Hydroponic Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 29.04.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and fairly submitted that the contraband seized was of a small quantity and that the petitioner has no criminal antecedents.

5. Taking into consideration the period of incarceration undergone by the petitioner since 29.04.2026, the fact that the contraband seized is of small quantity, and that the petitioner has no criminal antecedents, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties, one being a blood relative surety and the other a local surety, each for a like sum, to the satisfaction of the learned Judicial Magistrate, Special Court for Customs, Alandur, and subject to the following conditions: [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 respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

24.06.2026 Index: Yes/No Speaking/Non-speaking order dpa 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 learned Judicial Magistrate, Special Court for Customs, Alandur 2.The Superintendent, Puzhal Prison-II.

3.The Superintendent of Customs, RSI Unit Airport, New Customs House, Meenambakkam.

4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

dpa 24.06.2026