Dadul Islam v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.20786 of 2025 Dadul Islam ... Petitioner Vs The State rep. by, F-2 Egmore Police Station, Egmore, Chennai (Crime No.226 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.226 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr.M. Murugan For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.03.2025, for the offence under Sections 8(c), 22(b), 29(1) of NDPS Act & Sec. 123 of BNS in Crime No.226 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the petitioner along with other accused were in possession of 17 grams of heroin and 1.150 kgs of hans which are banned tobacco products. Hence a case was registered by the respondent police.
3.The 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 quantity involved in this case is intermediate quantity and not commercial quantity. Hence prays to grant bail to the petitioner.
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4.The learned Government Advocate (Criminal Side) appearing for the respondent that final report has been filed and cased has been taken on filed in C.C. 838 of 2025 before the II Additional, NDPS, Chennai. He further submitted that the detention order was quashed by this Court in H.C.P.No.1034 of 2025 on 13.08.2025.
5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact that the quantity involved in this case is only a intermediate quantity and the detention order is also revoked by this Court, this Court is inclined to grant bail to the petitioner herein with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore, Chennai and on further conditions that:
[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, 3/6
2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall appear before the II Additional, NDPS, Chennai daily at 10:30 a.m., for a period of two weeks and thereafter, on all hearing dates without fail;
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
25.09.2025 smn 4/6
To
1. The F-2 Egmore Police Station, Egmore, Chennai
2. The XIV Metropolitan Magistrate, Egmore, Chennai
3. The Superintendent, Central Prison II, Puzhal, Chennai
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
smn Crl.O.P. No.20786 of 2025 25.09.2025 6/6