Sanjib Debbarma v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2025

CORAM

THE HONOURABLE JUSTICE K.RAJASEKAR Crl.O.P.No.32195 of 2025 Sanjib Debbarma ... Petitioner Vs.

State of Tamilnadu rep by The Inspector of Police, PEW Ambattur Police Station, Chennai.

... Respondent (Cr.No.148 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.148 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.P.Sundara Rajan 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 20.09.2025, for the offences punishable under Section 8(c), 20(b)(ii)(c), 29(1) of NDPS Act in Crime No.148 of 2025, registered on the file of the respondent police, seeks bail.

2. The allegations against the petitioner is that the petitioner is ranked as A1 and he joined hands with two other accused involved in transportation 1/4

of ganja from Tripura to Tamil Nadu. While they were transporting the same, they were intercepted by the police on the basis of prior information and 22 kgs of ganja was recovered. Hence, they were all arrested.

3. Learned counsel appearing for the petitioner submitted that the contraband recovered from the petitioner herein is only 8 kgs and it is a separate seizure and the petitioner could not be held responsible for the seizure effected from the other two accused and further section 37 of NDPS Act is not applicable to the case of the petitioner. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reported that totally three accused in this case and all were hailing from West Tripura and they were all known to each other and they came near Ambathur Bus Stand and were carrying three bags each and accordingly they were intercepted and all the three bags found to be containing ganja and it is also stated by them that all the three persons purchased the same from persons hailing from Kanjanjanka Railway Station and they transported it to the place of occurrence and investigation is pending. Hence, he strongly opposed to grant bail to the petitioner.

5. Considering the facts of the case, though it is stated that separate seizure is effected but the facts revealed that these persons travelled together 2/4

and they all hailing from West Tripura and they have not given explanation for purpose of visit near the bus stand and they purchased it from person at Kanjanjanka Railway Station and brought the same to Ambattur OT for the purpose of selling the same and they were also aware about possession of each persons. Hence, they were in conscious possession. Accordingly, section 37 of NDPS Act is applicable to the case of the petitioner. Hence, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

02.12.2025 mpa To 1.The Inspector of Police, PEW Ambattur Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

mpa Crl.O.P.No.32195 of 2025 02.12.2025 4/4