Guru Balaji v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Guru Balaji ... Petitioner -VsState Rep by, The Inspector of Police, T3, Pallavaram Police Station, Chennai.

(Crime No.499 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.499 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.G.Paramaiyan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) **********

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 09.10.2025, for the alleged offence punishable under Sections 8(c) r/w. 22(b) (ii)(B), 22(a) and 29(1) of the NDPS Act, 1985 in Crime No.499 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.10.2025 at about 05.30 hours, when the respondent police is on regular check up they found that the petitioner along with other accused were in illegal possession of 130 nos of Nitrazepam, 1.500 kgs of ganja, and 330 nos of Tapentadol Tablets and the same was seized by the respondent police. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is not having any previous cases and he is in judicial custody from 09.10.2025, the sized contraband from the petitioner is only 330 nos Tapentadol tablets which is an intermediate quantity, and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/8

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally five accused in this case. From A1 130 nos of Nitrazepam (104 grams-intermediate quantity), from A2 1.500 kgs of ganja and from A3/petitioner 330 nos of Tapentadol tablets was recovered. He further submitted that investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. I have gone through the records and other connected materials; it revealed that the contraband seized in this case is not a commercial quantity. Hence, section 37 of the NDPS Act is not applicable, the petitioner is also found in possession of 330 nos of tapentadol tablets and he is in custody from 09.10.2025. It is also reported that there are no previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) 3/8

with two sureties, for a like sum to the satisfaction of the learned Principal Special Court under EC and NDPS Act, Chennai, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall stay at Trichy and report before the Contonment Police Station (Benwells Road, Sangillyandapuram, Trichy) daily at 10.30 a.m., for a period of four weeks.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 4/8

learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

02.12.2025 mpa Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Principal Special Court under EC and NDPS Act, Chennai. 2.The Inspector of Police, T3, Pallavaram Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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