Muraleeswaran v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Muraleeswaran ... Petitioner/ Accused No.2 Vs.

The State represented by The Inspector of Police, PEW Police Station, Coimbatore City.

(Crime No.147 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.147 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.R.A.S.Senthilvel 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 22.06.2025, for the offence punishable under Sections 8(c) read with Section 22(c), 25 and 29(1) of NDPS Act, 1985 in Crime No.147 of 2025, registered on the file of the respondent, seeks bail.

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2.The case of the prosecution is that on 22.06.2025 at about 08.00.a.m., police party has received information about the illegal transportation of narcotic drugs and accordingly they went to the place of occurrence ie. Madukkarai Raod near the Railway Bridge and found two persons standing with the bike and after seeing the police party, both the persons flee the place and immediately, the police party surrounded them and after complying the provisions under NDPS Act, 55g of Methamphetamine was seized from the tank cover and 20 g of methamphetamine was produced by this petitioner and accordingly they were seized and the petitioners are under custody.

3. It is seen that, this Court earlier dismissed the petitioner's bail petition on 16.09.2025 in Crl.O.P.No.25339 of 2025 by stating the following reasons:

Considering the facts and circumstances of the case, gravity of the offence and the petitioner is having five previous cases, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

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4. Now, the learned counsel for the petitioner submitted that, after the dismissal of the earlier bail petition, final report filed and it is alleged that, from this petitioner, 20 grams of methamphetamine was recovered and remaining was recovered from the bike and the petitioner is not having any relationship with other person and it could not be considered that the petitioner was in conscious possession of the entire contraband and therefore Section 37 of NDPS is not applicable. Hence, prays to grant bail to the petitioner.

5. The learned Government Advocate (Crl. Side) submitted that, investigation revealed that 75 grams of Methamphetamine was purchased from Banglore and both were in conscious possession of the contraband and further the seizure of 20 grams could not be severed from the 55 grams recovered from the bike tank, since both persons were holding the bike and were at the isolated place and further submitted that the petitioner was also aware about the contraband kept in the bike and also in conscious possession. Hence, he opposed for grant of bail to the petitioner.

6. I have gone through the entire records including the FIR and it is alleged that both persons were involved in transportation and possession of 3/5

the contraband of 75 grams of methamphetamine and they were waiting in the isolated place and they were holding the bike together and they were intercepted by the police party and the contraband was seized. Hence, it could not be considered that the seizure of 20 grams of Methamphetamine is separate and seizure of 55 grams of Methamphethamine is separate. Therefore, Section 37 of NDPS Act is applicable to the present case and hence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 15.12.2025 sma To

1. The Inspector of Police, PEW Police Station, Coimbatore City.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 15.12.2025 5/5