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Madras High CourtCRL OP/23523/2025dismissed

Jones v. State Rep By The Inspector Of Police

2025-11-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM:

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.O.P.No.23523 of 2025 Jones ... Petitioner Vs.

State Rep by The Inspector of Police, PEW Erode, Erode District.

... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Cr.No.100 of 2025 on the file of the respondent police. For Petitioner : Mr.R.Sivakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 18.05.2025 for the alleged offences punishable under Sections 8(c), r/w 20(b)(ii)(B), 22(C) and 25 of NDPS Act, 1985, 7 and 14 of Foreigners Act 1945 and Section 51 of BNS 2023 Crime No.100 of 2025 on the file of the respondent police seeks bail.

2. The allegation against the petitioner is that the petitioner was found 1/4

in possession of 151grams of methamphetamine and also 1.200 grams of ganja.Hence, he was arrested on 18.05.2025.

3. The learned counsel for the petitioner submitted that originally the petitioner was intercepted and 1 grams of methamphetamine was recovered and based on confession, the remaining quantity was recovered from A2 house and the petitioner is not aware about the contraband seized from A2's house. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is a tenant and he is a Nigerian National staying in the property of A2 and A2 was not aware about the contraband. The petitioner herein staying in the house on rental basis and the case was separately registered against A1 for not intimating the petitioner's stay in the premises. He further submitted that on the basis of statement recorded from the petitioner herein, the remaining contraband was recovered from the room belongs to the petitioner. Hence,it is false to state that the recovery was effected from A2's house and it is only recovered from A1's room which was rented by A2. Hence, he vehemently opposed the grant of bail to the 2/4

petitioner.

5. I have also gone through the records and other connected materials revealed that this petitioner was staying in the room on rental basis by paying money and he is also a foreign national and from his room, huge quantity of methamphetamine (commercial quantity) was recovered and no grounds for satisfying under Section 37 of NDPS act has been made out and I am of the view that the petitioner is not entitled to get bail.

8. Accordingly, this Criminal Original Petition is dismissed. 24.11.2025 Vv To 1.

The Inspector of Police, PEW Erode, Erode District.

3.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR ,J.

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Vv Crl.O.P.Nos.23523 of 2025 24.11.2025 4/4