Suresh Kumar @ Kuthirai Suresh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.19485 of 2025 1.Suresh Kumar @ Kuthirai Suresh 2.Karthick @ Dio Karthick ... Petitioners Vs.

State Rep. By The Inspector of Police, E-5, Sholavaram Police Station, Chennai - 600 067.

Crime No. 283 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.283 of 2025 pending investigation on the file of the respondent. For Petitioner :

Mr.P.Santhosh For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioners were arrested on 03.05.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in connection with Crime No. 283 of 2025, registered on 1/4

the file of the respondent, seeks bail.

2. The case of the prosecution is that on 03.05.2025, based on secret information received from a police informer that two accused persons were engaged in the illegal sale of Ganja near Nagathamman Nagar graveyard close to Ambedkar Nagar, the respondent police proceeded to the said location. Upon arrival and with the help of the police informer, the accused persons were identified and intercepted. Upon inspection, it was found that the first accused (A1) was in illegal possession of 20.200 kilograms of Ganja, which was seized from the accused in accordance with the procedures. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, however, they are suffering incarceration from 03.05.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the 2/4

respondent police opposed the bail and submitted that the contraband seized is of commercial quantity and hence, the bar under Section 37 of the NDPS Act applies. The investigation is at an early stage and granting bail at this juncture would hamper the progress of the investigation and may encourge illegal drug activities in the area.

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

6. Considering the facts and circumstances of the case and also considering the quantity of contraband seized, the seriousness of the offence and the statutory restrictions under Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, the Criminal Original Petition stands dismissed. 14.07.2025 nsl G.K.ILANTHIRAIYAN, J.

nsl 3/4

To

1. The Inspector of Police, E-5, Sholavaram Police Station, Chennai - 600 067.

2. The Public Prosecutor, High Court of Madras.

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