Pallasivaji v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.20953 of 2025

1. Pallasivaji

2. Vepadaramu

3. Molliganesh ... Petitioners/ A1 to A3 Vs The State rep. by, The Inspector of Police, Ranipet Police Station, Ranipet.

(Crime No.122 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.122 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. M. Dinesh For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioners, who were arrested and remanded to judicial custody on 21.04.2025, for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C) and 29(1) of NDPS Act, 1985 in Crime No.122 of 2025, registered on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 21.04.2025 at about 09:30 hours, based on a secret information, the police party went near Ammur Walaja Railway Station, Ranipet and found that the petitioners herein were in possession of 21 kilograms of ganja. Hence, this case. 3.

The learned counsel appearing for the petitioners submitted that the petitioners were falsely implicated, they were no way connected to the offence and they are in judicial custody since 21.04.2025. He further submitted that 7 kilograms of ganja was recovered from each of the petitioners, which does not fall under the commercial quantity; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners. 2/4

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and submitted that there are totally four accused involved in this case and the petitioners herein are arrayed as A1 to A3; that the total quantity of contraband involved in this case is of commercial quantity, hence Section 37 of the NDPS Act is applicable to this case; that A4 is still absconding, who is the supplier of contraband and he belongs to Andhra Pradesh; and that the investigation of this case is yet to be completed. 5.

Considering the facts, gravity of offence, the petitioners were known to each other and they travelled together with the common intention of transporting, selling the contraband for their personal gain, thereby the total quantity of contraband involved in this case can be considered only as joint possession and the same is of commercial quantity, hence Section 37 of the NDPS is applicable to this case and also taking note of the fact that the investigation is yet to be completed, this Court is not inclined to grant bail to the petitioners.

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K. RAJASEKAR, J.

stn 6.

Accordingly, this criminal original petition stands dismissed. 07.10.2025 stn To

1. The Inspector of Police, Ranipet Police Station, Ranipet.

(Crime No.122 of 2025)

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.20953 of 2025 4/4