Dilip v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.21978, 23833 and 19929 of 2025

1. Dilip ... Petitioner in Crl.O.P.No.21978 of 2025/ A5

2. Rishi ... Petitioner in Crl.O.P.No.23833 of 2025/ A7

3. Revathi ... Petitioner in Crl.O.P.No.19929 of 2025/ A6 Vs The State rep. by, The Inspector of Police, G-1, Veppery Police Station, Chennai.

(Crime No.318 of 2025) ... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.318 of 2025 registered on the file of the respondent police.

For Petitioner(s) :

Mr. Illiyas For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners herein, who were arrested and remanded to judicial custody on 05.07.2025, 12.07.2025 and 03.06.2025 respectively for the offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of NDPS Act, 1985 in Crime No.318 of 2025, registered on the file of the respondent police, seek 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 accused/ A1 to A3 were in illegal possession of 108.895 kilograms of ganja; that on further investigation, the arrested accused A1 & A2 confessed that the first petitioner/ Dilip, who was in prison at that point of time has made an arrangement for illegal transportation of ganja from Andhra Pradesh; that on the instigation of the first petitioner/ A5, the second and third petitioners herein/ A7 and A6 paid money through UPI to A1 for procuring ganja. Further, there are totally 11 accused persons including the petitioners herein were involved in the said offence. Hence this case.

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3.

The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they were falsely implicated into this case, based on the confession of the co-accused. He further submitted that the petitioners are not named accused in the FIR and also the first petitioner herein/ Dilip was originally arrested by the S-1, Madipakkam Police on 05.01.2025 in another case and detained under Act 14 of 1982, subsequently released on bail only on 25.06.2025; that thereafter, the petitioner/A5 and his wife/ A6 were arrested in the present case by the respondent police. He further submitted that no contraband were seized from the petitioners herein and they 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 police while opposing the bail to the petitioners, reiterated the prosecution case and stated that there are totally 11 accused involved in this case and the petitioners herein are arrayed as A5 to A7; that the quantity of contraband involved in this case is of commercial quantity 3/6

and rigors of Section 37 of the NDPS Act is applicable to the present case; that further the confessions of other accused and money transactions clearly establishes the participation of the petitioners herein in the offence; that the first petitioner/ A5 has seven previous cases including the offence under Section 302 IPC and three NDPS cases; and that the investigation is pending.

5.

I have considered the submissions made on either side and perused the materials available on record.

6.

Considering the facts, gravity of offence, serious nature of allegation against the petitioners, the quantity of contraband involved in this case and taking note of the fact that the investigation of this case is pending, this Court is not inclined to grant bail to the petitioners. 7.

Accordingly, these criminal original petitions stand dismissed. 06.10.2025 stn 4/6

To

1. The Inspector of Police, G-1, Veppery Police Station, Chennai.

(Crime No.318 of 2025)

2. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn CRL OP NOS.21978, 23833 and 19929 of 2025 06.10.2025 6/6