Kaviarasu Alias Kalith v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.31615 of 2025 Kaviarasu @ Kalith ... Petitioner Vs.
State Rep. by The Inspector of Police, K-7, I.C.F. Police Station, Chennai.
(Crime No.56 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita Act, to enlarge the Petitioner/Accused on bail in C.C.No.56 of 2025 on the file of the respondent police. For Petitioner :
Mr.P.Sathyanathan For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 04.03.2025, for the offence punishable under Sections 8(c) r/w 22(c) of NDPS Act, 1985 in Crime No.56 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that on 04.03.2025 at about 15.00 hours, based on secret information regarding the illegal transportation of Narcotic Substances, the respondent police along with his team went to the scene of occurrence, wherein the petitioner was found in possession of 64 gram Methamphetamine and the said contraband was seized by the respondent police. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that on 04.03.2025, the respondent police took him from his house and later showed him as having sold Methamphetamine near Karpaga Vinayagar Koil Street. The petitioner states that he possesses CCTV footage from his house to substantiate the fact that he was taken from his house. He would also submit that the petitioner is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for granting 2/4
bail to the petitioner. He would submit that the petitioner was found in possession of 64 grams of Methaphetemine, which is a commercial quantity, and was also involved in selling the same. During the search, the contraband was recovered from the petitioner's pant pocket and duly seized by the respondent police. He would further submit that the petitioner has no previous case, in similar nature, though one case under Section 399 of IPC is still pending.
5. Heard both sides and perused the materials available on record.
6. Considering the quantity of the contraband seized from the petitioner is a commercial quantity and rigors of Section 37 of NDPS Act is applicable to this case and no grounds were made out for satisfying twin conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner with certain conditions:
7. Accordingly, this Criminal Original Petition is dismissed. 19.11.2025 kmm K.RAJASEKAR, J.
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kmm To 1.The Inspector of Police, K-7, I.C.F. Police Station, Chennai.
2.The Public Prosecutor, High Court of Madras.
Crl.O.P.No.31615 of 2025 19.11.2025 4/4