Fathima Begam v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.19917 of 2025 Fathima Begam ... Petitioner Vs.

The State rep by The Inspector of Police, F-2, Egmore Police Station, Chennai District.

... Respondent (Cr.No.577 of 2024) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in CC.No.230 of 2025 pending on the file of the learned Special Judge II Additional Special Court for Exclusive trial under NDPS Act, Chennai. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.A.Gopinath 1/5

Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.12.2024 for the alleged offence under Section 8(C), r/w 20(b)(ii)(B), 22(c), 25, 29(1) of NDPS Act 1985 in CC.No.230 of 2025 pending on the file of the learned Special Judge II Additional Special Court for Exclusive trial under NDPS Act, Chennai in connection with Crime No.992 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with other accused persons, was found in possession of 700 grams of Methamphetamine (commercial quantity) and 6.600 kgs of ganja, and the same was seized by the respondent police. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted 2/5

that only 6.600 kgs of ganja was seized from the petitioner, which is an intermediate quantity, and that the petitioner has been in custody from 16.12.2024. He also submitted that she is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, on instructions, submitted that the petitioner herein is ranked as A4 and she belongs to the State of Assam. He submitted that she, along with A2, transported the contraband from Assam and attempted to sell it to the general public and students in Tamil Nadu for personal gain. He further submitted that the petitioner/A4 and A3 were found in joint possession of 700 grams of Methamphetamine and 6.600 kgs of ganja, which is a commercial quantity.

5. The learned Government Advocate (Crl. Side) further submitted 3/5

that, after completion of investigation, a charge sheet has been filed before the learned Special Court for EC and NDPS Act Cases, Chennai, and the same has been taken on file in C.C.No.230 of 2025 on 20.03.2025. He further submitted that A2 is still absconding. He also submitted that the petitioner belongs to the State of Assam and that, if she is enlarged on bail, there is every possibility of absconding, making it difficult to secure her presence. Hence, he vehemently opposed the grant of bail to the petitioner.

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

7. A perusal of the charge sheet reveals that there are four accused involved in this case. Apart from 6.600 kgs of ganja, 700 grams of Methamphetamine has been recovered, which is a commercial quantity. Since the contraband seized in this case is of commercial quantity, Section 4/5

37 of the NDPS Act is attracted, and the petitioner has to satisfy the twin conditions imposed under the said Section. The petitioner belongs to the State of Assam and, if she is enlarged on bail, there is every possibility of absconding, making it difficult to secure her presence, which would cause hardship in proceeding with the trial.

8. Considering the above facts, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, this Criminal Original Petition stands dismissed. 12.11.2025 Vv T.V.THAMILSELVI, J.

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Vv To

1. The XIV Metropolitan Magistrate Court, Egmore.

2. The Inspector of Police, F-2, Egmore Police Station, Chennai District.

3. The Public Prosecutor, High Court of Madras.

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