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Madras High CourtCRL OP/33980/2025dismissed

Johnson v. The State Rep By, Inspector Of Police,

2025-12-11Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Johnson ... Petitioner/A1 -vsState Rep by, The Inspector of Police, Pallikkaranai-PEW Police Station Tambaram City Crime No. 14 of 2025.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in C.C.No. 668 of 2025 on the file of the learned II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. For Petitioner :

Mr.R.Rajadurai For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) ********** 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.03.2025 for the alleged offence punishable under Sections 8(c) r/w 20(b)(ii) (C) and 29(1) of NDPS Act, in Crime No.14 of 2025 on the file of the respondent police, seeks bail.

2. The earlier bail application of the petitioner in Crl.O.P.No.17597 of 2025 dated 25.08.2025 was dismissed on the following reasons and based on the submissions made by the learned Government Advocate which reads as follows:- "3.The learned Government Advocate (Crl.Side) had filed a detailed counter opposing granting bail to the petitioner stating that a huge quantity of Ganja has been transported by the petitioner and his co-accused Bandaru Kumar Babu from Andhra Pradesh and they were arrested near East Tambaram Bus Stand. On completion of investigation, final report filed and the same was taken on file by the Special Court for NDPS Offences in C.C.No. 668 of 2025. He also submitted that the petitioner is having one previous case initiated by NIBCID, Chennai in the year 2021" and 4.Considering the quantity of contraband seized and antecedents of the petitioner, this Court is of the view that the case of the petitioner does not fall within the exemption contemplated under Section 37 of the NDPS Act." 2/4

3. The learned Counsel for the petitioner submits that after dismissal of earlier bail application, 118 days have been completed and final report is also filed. He prayed to grant bail to the petitioner.

4. Considering the fact that it is a case of commercial quantity and though it is stated that the co-accused was granted bail, petitioner herein, were in possession of Ganja which is commercial quantity and there is no change in circumstances in this petition, and this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 11.12.2025 MSM To 1.TThe Inspector of Police, Pallikkaranai-PEW Police Station Tambaram City Crime No. 14 of 2025.

2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

MSM 11.12.2025 4/4