Syed A1 Ameer v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No. 28741 of 2025 Syed A1 Ameer . ... Petitioner/A1 Vs The State rep. by The Inspector of Police PEW, Adyar Unit Chennai (Crime No. 479 of 2024) ....Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 479 of 2024 on the file of respondent police.

For Petitioner : Mr.R.Rafi Babu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.10.2024, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B), 22(c), 29(1) and 25 of NDPS Act, 1985 in Crime No. 479 of 2024 registered on the file respondent police, seeks bail.

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2. The allegation against the petitioner is that the petitioner joined hands with other accused were found in illegal possession of 1,100 kilograms of Ganja, 34 Rose Colour MDMA Ecstasy Tablets 15.30 grams and 290 grams of OG Ganja. Upon investigation revealed that they had purchased the same from A3 and the same were handed over to A5 for sale and committed the offence. The respondent police arrested the petitioner and remanded to judicial custody on 08.10.2024.

3. The learned counsel for the petitioner submitted that the coaccused/A3 & A5 were already arrested and released on bail in Crl.O.P.No.10547 of 2025, dated 08.10.2025 and Crl.O.P.No.19615 of 2025, dated 24.10.2025. He further submitted that the petitioner is in judicial custody from 08.10.2024. He further submitted that the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband (commercial quantity) recovered from the petitioner herein and this petitioner has to satisfy twin conditions under Section 37 of the NDPS, 2/4

Act. In this case, the petitioner has not made out any grounds, hence, he opposed for grant of bail to the petitioner.

5.I have also gone through the orders passed by this Court in Crl.O.P.No.10547 of 2025, dated 08.10.2025 and Crl.O.P.No.19615 of 2025, dated 24.10.2025. It has been specifically observed that the quantity seized from the petitioners therein was categorized as an "intermediate quantity", whereas, 34 Rose Colour MDMA Ecstasy Tablets weighing 15.30 grams were recovered from the petitioner herein which constitutes a commercial quantity. Since a commercial quantity has been recovered from the petitioner, the petitioner does not satisfy the conditions prescribed under Section 37 of the NDPS Act, for granting bail. The petitioner herein by relying upon the orders of the co-accused to seek bail, but the grounds for the co-accused are different and therefore, this petitioner herein could not be claimed the same. Hence, this Court is not inclined to grant bail to the petitioner.

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K.RAJASEKAR , J.

MSM 6.Accordingly, this Criminal Original Petition is dismissed. 25.10.2025 MSM To 1.The Inspector of Police PEW, Adyar Unit Chennai (Crime No. 479 of 2024)

2. The Public Prosecutor, High Court of Madras.

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