Dhanam v. State Rep By ,Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.24284 of 2025 Dhanam ... Petitioner/ A2 Vs The State rep. by, The Station House Officer, Tiruvennainallur Police Station, Villupuram District.

(Crime No.238 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.238 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. G. Jaisivaramaraj For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.05.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(1), 25 and 27(A) of NDPS Act, 1985 in Crime No.238 of 2025, registered on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 18.05.2025 at about 05:00 p.m., based on a secret information, the respondent conducted inspection near Enathimangalam Bus stop, they intercepted an auto bearing Registration No.TN-13-AF-1553 and found that the petitioner along with other accused were involved in illegal possession of 4 kilograms of ganja; that upon investigation, it is revealed that the accused namely Karthik/ A6 bought 80 kilograms of ganja from A8/ Nagaraj and selling the same along with the petitioner and other accused for the purpose of illegal sales and for their personal gain. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and she is in judicial 2/4

custody since 19.05.2025. He further submitted that the alleged contraband seized from the petitioner herein is only 4 kilograms, which is not a commercial quantity and hence, Section 37 of the NDPS Act is not applicable to the case of the petitioner; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that there are totally nine accused involved in this case and the petitioner herein is arrayed as A2; that the total quantity of the contraband involved in this case is 80 kilograms, which is a commercial quantity and Section 37 of the NDPS is applicable to the present case; and that the investigation of this case is pending. 5.

I have considered the submission made on both sides and perused the materials available on record.

3/4

K. RAJASEKAR, J.

stn 6.

Considering the facts and circumstances of the case, nature of allegation, the fact that the petitioner had joined hands with other accused acted together with a common intention of illegal sales of ganja for their personal gain, considering the total quantity of contraband involved in this case falls under commercial quantity and also taking note of the fact that the investigation of this case is pending, this Court is not inclined to grant bail to the petitioner.

7.

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

1. The Station House Officer, Tiruvennainallur Police Station, Villupuram District.

(Crime No.238 of 2025)

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.24284 of 2025 4/4