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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Motibul Sekh S/o. Saltu sekh, Gobardhanpur Mangalkot, PO, Gobardhanpur, Barddhaman, West Bengal.713143.

Petitioner(s) Vs

1. The State Rep by, Inspector of Police, PEW Tambaram Unit, Crime No.

27/2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in Crime No.27 of 2025 pending investigation on the file of the respondent police.

For Petitioner(s):

M/s.S.Kishore For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

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

2.

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

3.

The learned counsel appearing for the petitioner submitted that this is the second bail application and the earlier application was dismissed by this Court in Crl.O.P.No.19641 of 2025 dated 14.07.2025. He further submitted that he 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.

The 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 petitiner, 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. This Court dismissed the earlier application filed by the petitioner in Crl.O.P.No.19641 of 2025 dated 14.07.2025 on the following reasons: "5. 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. 6.

Accordingly, this criminal original petition stands dismissed."

6. Considering the above facts and circumstances of the case, taking note of the quantity of contraband and the petitioner has not made out any case of change in circumstances. Hence I am not inclined to revisit the earlier order passed by this Court. Accordingly, this Criminal original Petition is dismissed. 25-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa

To 1.The Judicial Magistrate, Tambaram.

2.The State Rep by, Inspector of Police, PEW Tambaram Unit, Crime No.

27/2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 21511 of 25-10-2025