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Madras High CourtCRL OP/22534/2025dismissed

Anoop v. The State Rep. By Inspector Of Police

2025-10-31Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. ANOOP S/o. Balakrishnan, Sreenilayam, Kavalappara, Shoranur, Vaniyamkulam1, Palakkad, Kerala-679523. Petitioner(s) Vs

1. The State rep. by Inspector of Police D-3, Ice House Police Station, Chennai.

(Crime No.114 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No.114 of 2025 pending investigation on file of the respondent police and thus render justice. For Petitioner(s):

R.Thirumoorthy For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.06.2025, for the alleged offence punishable under Sections 8(c), 22(b) and 29(1) of Narcotic Drugs and Psychotropic Substances Act in Crime No.114 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.03.2025 at about 06.00 hours, when Mr.S.Praveen, Sub Inspector of Police was in station duty, he was received secret information about illegal sale of narcotic substances. Based on the information, the said Sub Inspector of Police along with his police parties rushed to the scene of occurrence (i.e.) BSNL Quarters old building, at that time four suspect persons were standing on that place, on seeing the said police parties, the suspect persons were trying to escape from that place, immediately, the said police parties caught hold of them and conducted enquiry. During the enquiry, came to know that the accused persons namely Anro Binjoo/A1, Shanmuganathan/A2, Arputharaj/A3 and Alex Praveen/A4 were found in possession of 12 grams Methamphetamine and also seized same from them under cover of seizure mahazar. Then the respondent police have arrested the

accused persons A1 to A4 and obtained confession statement from them in which it reveals the accused A1 to A4 were purchased the contrabands from A5/Anoop and selling the same for their personal gain.

3. Learned counsel for the petitioner submitted that the co-accused A2 was released on bail by this court in Crl.O.P.No.10564 of 2025, and other accused, ranked as A3 & A4, were released on bail by the Principal Special Court under EC & NDPS Act, Chennai, in Crl.MP.No. 1824 of 2025. He further submitted that the petitioner has been falsely implicated in this case and not having any previous case. Hence he prayed to grant bail to the petitioner.

4. The Government Advocate( Criminal Side) appearing for the respondent police submitted that although other accused were released on bail, they were not in possession of commercial quantity, whereas on information, this petitioner was arrested on 03.06.2025 and from him 5 grams of Methamphetamine and 0.32 grams of LSD stamp were recovered, which is a commercial quantity. Hence, Section 37 is applicable against this petitioner and as per other accused who were granted bail on different grounds, and those grounds were not applicable to this petitioner since the recovery is directly from

this petitioner.

5. Considering the fact that the quantity seized is from this petitioner, that is 0.32 grams of LSD stamp, which is a commercial quantity, and the fact that no grounds have been made out to satisfy the twin conditions under Section 37 of NDPS Act, this court not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.The Metropolitan Magistrate-II, Egmore.

2.The State rep. by Inspector of Police D-3, Ice House Police Station, Chennai.

(Crime No.114 of 2025) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 22534 of 31-10-2025