Motibul Sekh v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Motibul Sekh ... Petitioner Vs.

State represented by, The Inspector of Police, PEW Tambaram Unit.

(Crime No.27 of 2025) ... Respondent PRAYER : Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.27 of 2025 pending on the file of the respondent Police. For Petitioner : Mr.T.Balaji For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.02.2025, in connection with Crime No.27 of 2025 registered on the file of the respondent for the offences under Sections 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.

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2. The case of the prosecution is that the accused was found to be in illegal possession of 22 kilograms of Ganja, which is a commercial quantity. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed on him. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of bail to the petitioner stating that the petitioner, who hails from the State of West Bengal, was found in possession of contraband, which is a commercial quantity and if he is released on bail, there is a possibility of him absconding and not available for further investigation.

5. Heard both sides and perused the materials available on record. Page No.2 of 4

6. Considering the above facts and circumstances of the case, taking note of the quantity of contraband and also considering that the petitioner failed to fulfill the twin conditions required under Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 14.07.2025 ham To

1. The Judicial Magistrate, Tambaram.

2. The Inspector of Police, PEW Tambaram Unit.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN , J.

ham 14.07.2025 Page No.4 of 4