S.John v. Union Of India,
CRL OP NO. 1 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 1 of 2025 S.John S/o.V.Susai, No.25/1, Voc Street, Palavoyal, Redhills, Chennai - 52.
Petitioner(s) Vs Union Of India, Through Intelligence Officer, Narcotic Control Bureau, Chennai. (f.No.48/1/22/2023-ncb/mds) Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in R.R.No.57 of 2023 (F.No.48/1/22/2023-NCB/MDS) on the file of the respondent. For Petitioner(s):
B.Pandiarajan Sri Ganesh P.Thanga Prithvi Rajan For Respondent(s):
M/s N.P.Kumar Special Public Prosecutor For Respondent
ORDER
The petitioner, who was arrested and remanded to judicial custody on 19.11.2023 at the hands of the respondent police for the offences punishable under Sections 8 (c), 21 (C), 28 and 29 of NDPS Act, 1985 in R.R.No.57 of 2023 (F.No.48/1/22/2023-NCB/MDS) seeks
bail.
2. The case of the prosecution is that the petitioner along with other accused were found in possession of 3.50 kg of Hashish illegally. Hence, a case was registered as against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that petitioner is arrayed as A2. He along with other accused persons were found in possession of 3.50 kg of Hashish and it is a commercial quantity. Therefore, the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985. Hence, this Court is not inclined to grant bail to the petitioner.
5. Accordingly, this Criminal Original Petition is dismissed. 23-06-2025 CRL OP NO. 1 of 2025 To
1. Union Of India, Through Intelligence Officer,
Narcotic Control Bureau, Chennai.
(f.No.48/1/22/2023-ncb/mds)