Suhail Vazhamattathil Ubaidulla v. State Rep By, The Superintendent Of Customs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26031 of 2025 Suhail Vazhamattahil Ubaidulla ... Petitioner Vs The State rep. by, The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore ( In O.R.No.08 of 2025-2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in O.R.No.08 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr.B. Thiyagarajan For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.08.2025, for the offence under Sections 8, 20, 23 and 29 of NDPS Act, 1985 in O.R. No.08 of 2025-2026, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused were in possession of more than 3300 grams of Hydrophonic Ganja approximately and the same was seized from them in the Coimbatore Airport in the presence of two independent witness. Hence a case was registered by the respondent 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the quantity involved in this case is intermediate quantity and not commercial quantity. Hence prays to grant bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for 2/6
the respondent that the accused has received the contraband from Bangkok for the purpose of selling and the same was recovered from the petitioner. He further submitted that even though there is no previous case pending against the petitioner as they belong to other state there is a possibility of absconding.
5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact that the quantity involved in this case is only a intermediate quantity and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner herein with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one 3/6
of the identity proofs to ensure their identity; [b] the petitioners shall appear before the Trial Court concerned daily at 10:30 a.m. until further orders. [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
25.09.2025 smn 4/6
To
1. The Superintendent of Customs, Air Intelligence Unit, International Airport, Coimbatore
2. The Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore
3. The Superintendent, Central Prison, Coimbatore
4. The Public Prosecutor, High Court of Madras. 5/6
K. RAJASEKAR, J.
smn Crl.O.P. No.26031 of 2025 25.09.2025 6/6