Asraf Sk v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.12.2025

CORAM

THE HONOURABLE MR JUSTICE P.DHANABAL Crl.O.P.No. 35735 of 2025 Asraf SK ... Petitioner

Versus

The State represented by The Inspector of Police PEW Ambattur Police Station Avadi Citi.

Crime No. 180 of 2025.

...

Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Crime No. 180 of 2025 on the file of respondent police.

For Petitioner : Mr.A.Mohammed Iqbal For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.

Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.11.2025, for the offences punishable under Sections 1/6

8(c), 20(b)(ii)(B), NDPS Act, 1995 as amended by Act 9 of 2001 in Crime No. 180 of 2025 registered on the file respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of 7 Kilograms of Ganja and 65 grams of Ganja chocolate for sale in a public at large and the same were seized by the respondent police. Based on the complaint, the respondent police arrested the petitioner and remanded to judicial custody on 19.11.2025.

3.The learned Counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and has been falsely implicated in this case and was arrested and remanded to judicial custody from 19.11.2025. He further submits that the contraband was seized by the respondent police. He further submits that the petitioner is ready to abide any condition imposed by this Court and sought for bail to the petitioner. 2/6

4.The learned Government Advocate [Criminal Side] appearing for the respondent police, reiterated the case of the prosecution and submitted that offences are grave in nature and investigation is pending, the petitioner has no previous case. However, he opposed for grant of bail to the petitioner.

5.Considering the rival submission made by the learned Counsel on either side; that the contraband recovered from this petitioner is not a commercial quantity; that the petitioner has no previous case and considering the period of incarceration of the petitioner from 19.11.2025, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court at Ambattur and on further conditions that:

[b] the petitioner shall report before the concerned NDPS Court daily at 10.30 am until further orders.

[c] the Petitioner shall not commit any offences of 3/6

similar nature.

[d] the Petitioner shall not abscond either during investigation or trial.

[e] the Petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

26.12.2025 SMV 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 Judicial Magistrate Court at Ambattur 2.The Central Prison, Puzhal, Chennai.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police PEW Ambattur Police Station Avadi Citi.

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P. DHANABAL, J., SMV Crl.O.P.No. 35735 of 2025 26.12.2025 6/6