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Madras High CourtCRL OP/26328/2025dismissed

Khaja Shareef v. State Rep By The Sub Inspector Of Police

2025-09-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26328 of 2025 Khaja Shareef ... Petitioner Vs The State rep. by, The Sub Inspector of Police, Pernambut Police Station, Vellore District (Crime No.264 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.264 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.T. Saravanan For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.09.2025, for the offence under Sections 7(5), 20(2) of Cigarette and Other Tobacco Products Act, 2003 r/w 111, 123, 274, 275 of BNS Act 2023 in Crime No.264 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the petitioner along with other accused and was in possession of 1,221.5 kgs of banned tobacco products. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that only based on the confession given by the co-accused the petitioner has been implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and states that the quantity involved in this case is commercial quantity.

6. In view of the above facts and the quantity involved in this case is very huge and twin conditions in section 37 of NDPS Act is not satisfied, this Court is not inclined to grant bail to the petitioner. This Criminal Original Petition stands dismissed .

24.09.2025 smn To

1. The Sub Inspector of Police, Pernambut Police Station, Vellore District

2. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.26328 of 2025 24.09.2025 4/4