Abdul Rasheed v. The Superintendent Of Customs

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 5326 of 2026 Abdul Rasheed ... Petitioner Vs.

The Superintendent of Customs, AIU Trichy Airport.

(O.R.No.2 of 2026)

...Respondent/Complainant

For Petitioner : Mr.M.Jegadeesh Pandian for Mr.J.Yogeswaran Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in O.R.No.2 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.01.2026 for the offences punishable under Sections 8(c), 21(C), 23(b) & 28 of NDPS Act, in O.R.No.2 of 2026 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that when the respondent while surveillance over the passengers arriving by Scoot Airlines Flight No.TR566 from Singapore, which landed at Trichy, on 18.01.2026 and the respondent officers intercepted the petitioner and seized 4.30 kgs. of Hydroponic Ganja from the petitioner. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. His earlier bail application has been dismissed by the learned Sessions Judge. Now the investigation has been completed. Therefore, prayed to grant bail for the petitioner.

4. Earlier the learned Government Advocate submitted that already counter copy was sent to obtain the investigating officer. So far they are unable to file counter. However, already several chances given to them. But, they have not file any counter. After hearing the petitioner's side, the learned counsel appearing for the Government Advocate submitted that the contraband involved in this case is Hydroponic Ganja and it is different from normal Ganja and high potential than the normal Ganja. Hence, he strongly opposed the grant of bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of offence, and the contraband involved in this case is not a commercial quantity and there is no record to show that the alleged contraband namely Hydroponic Ganja is high potential than the ordinary Ganja and as on date, as far as Ganja is concerned the commercial quantity is 20 kilograms and thereby the recovered contraband is intermediate quantity and the petitioner has no previous case and also considering the period of incarceration of the petitioner from 18.01.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.I, Trichy and on further conditions that:

[b] the petitioner shall report before the respondent, daily at 10.30 a.m., until further orders;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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 BNS.

(P D B J) 06.04.2026 TM 4/6

To 1.The Judicial Magistrate No.I, Trichy.

2.The Superintendent of Customs, AIU Trichy Airport.

(O.R.No.2 of 2026) 3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 5326 of 2026 Date : 09.04.2026 6/6