Haja Alavudeen v. The Superindent Of Customs R And I Unit Airport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.28467 of 2025 Haja Alavudeen Petitioner Vs The Superintendent of Customs, R & 1 Unit-Airport, New Custom House, Meenambakkam, Chennai - 600027.
Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent in OS.No.52 of2025-INTAIR & OS.No.794 of 2025-AIU-"D" on the file of the respondent herein. For Petitioner(s):
Mr.I.MD Arif For Respondent(s):
Mr.P.Vishnu Special Public Prosecutor
ORDER
The petitioner, who apprehends arrest by the respondent police
for the offences punishable under Section 187 of BNSS r/w under Section 51 & 53 of NDPS Act, 1985 in OS.No.52 of 2025-INT-AIR & OS.No.794 of 2025-AIU-"D" on the file of the respondent seeks anticipatory bail.
2. The allegation against the petitioner is that he has been ranked as A2 and that he provided logistic support and financial assistance to A1 and A3 for importing 550 and 580 grams of ganja, respectively on their arrival at Airport. They were got red handed, and based on the confession of the arrested accused, the petitioner was subsequently arrayed as an accused in this case. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that the alleged contraband is only a small quantity. He further submitted that the petitioner has no previous antecedents. Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Special Public Prosecutor appearing for the respondent reiterated the prosecution case and submitted that the investigation is in initial stage. The accused, if enlarged on bail, may
alert others involved and may hamper the investigation or tamper with the evidence related to the said case. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent and perused the materials available on record.
6. It is a case relating to the smuggling of ganja from Bangkok to Chennai through the airport by A1 and A3. A1 was found in possession of 550 grams of ganja, and A3 was found in possession of 580 grams of ganja. Both of them have stated that the petitioner had provided logistic support to the other accused, including booking of flight tickets, and was also involved in the collection of the contraband. Considering the nature of the allegations, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 29-10-2025 drl
To 1.The Superintendent of Customs, R & 1 Unit-Airport, New Custom House, Meenambakkam, Chennai - 600027.
2.The Special Public Prosecutor High Court of Madras.
K.RAJASEKAR, J., drl CRL OP NO.28467 of 2025 29.10.2025