Sethupathi v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.21730 of 2025

1. Sethupathi

2. Muthulingam ... Petitioners Vs The State rep. by, Inspector of Police, NIV CID, Salem, Salem District (Crime No.14 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.14 of 2025 on the file of Prohibition Enforcement Wing Police Station, Coimbatore City.

For Petitioner(s) :

Mr.S. Pannerselvan For Respondent(s) :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 24.02.2025, for the offences punishable under Sections 8(c), 20(b),(ii), ( c ), 29(1) of NDPS Act, 1985 in Crime No.14 of 2025, registered on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners were found in illegal possession of 43 kgs of ganja and they were transporting the same in a train from Tiprukar to Kanyakumari. Hence, this case. 3.The learned counsel appearing for the petitioners submitted that the petitioners were not involved in this case and they were in custody from 24.02.2025. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

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 the contra band was recovered from the 2/4

petitioners. He further submitted that the quantity involved in this case is commercial quantity. He further submitted that charge sheet was filed before the learned Additional District Judge and Special Judge, Special Court for Ec & NDPS Act, Salem and the same was taken on file vide Spl.C.C.No.192 of 2025 on 22.04.2025.

5.The specific case of the prosecution as stated is that the quantity involved in this case is commercial in nature. Therefore, the petitioners have to satisfy the stipulations laid down under Section 37 of NDPS Act and he failed to do so.

6. In view of the above facts and the quantity involved in this case is commercial in nature and the contra band was recovered from the petitioner, this Court is not inclined to grant bail to the petitioners. This Criminal Original Petition stands dismissed . 23.09.2025 smn 3/4

K. RAJASEKAR, J.

smn To

1. The Inspector of Police, NIV CID, Salem, Salem District

2. The Public Prosecutor, High Court of Madras Crl.O.P. No.21730 of 2025 23.09.2025 4/4