M.M.Mohamed Nawaz v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
1. M.M.Mohamed Nawaz
2. Mohamed Afnas ... Petitioners/Accused No.7&8 Vs The Union of India, The Superintendent, Narcotics Control Bureau, Madurai Sub Zone, Madurai (NCB) F.No.48/1/02/2020/ncb-Mdu). ... Respondent/Complainant PRAYER :- To enlarge the Petitioners on bail in CC.No.370 of 2021 pending on the file of the II Additional Special Court for EC and NDPS Act Cases, madurai and shall pass such other order or orders For Petitioners : Thanga Prithvi Rajan P, Advocate.
For Respondent : Mr.C.Arul Vadivel @ Sekar Special Public Prosecutor ofr NCB Cases
ORDER
The petitioners / A7 & A8 who were arrested and remanded to 1/5
judicial custody on 23.01.2021 for the offences punishable under Sections 8(c) r/w 21(c), 22, 23, 24, 28 and 29 of NDPS Act, in F.No. 48/1/02/2020/NCB-Mdu on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.11.2020, on the secret information, the respondent police nabbed a fishing boat sailed by Srilankan Nationals and on searching, the accused were found in illegal possession of 99 kg of Heroine, 20 kg of Amphtamine and 5 guns. Hence the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that this is the fourth bail petition and earlier bail petitions filed by the petitioners were dismissed by this Court and the petitioners have been arrested and remanded to judicial custody on 23.01.2021. Therefore, prayed to grant bail for the petitioners.
4. The learned Special Public Prosecutor appearing for the 2/5
respondent strongly opposed to grant bail to the petitioner on the ground that the quantity involved in this case is a commercial quantity and the petitioners herein are the Sri Lankan Citizens and they are found in possession of bogus Indian national records. Apart from that, earlier petitions filed by the petitioners were dismissed by this Court and there are no change of circumstance.
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, nature of offence, and the quantity involved in this case is a commercial quantity and this Court dismissed the bail petitioners several times and there are no change of circumstance and the petitioners have failed to satisfy the conditions contemplated under Section 37 of the NDPS Act and already trial was commenced and the case was posted to 10.04.2026 for examination of the Investigating Officer, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, this Criminal Original Petition stands dismissed. 3/5
07.04.2026 dss To 1.The Superintendent, Narcotics Control Bureau, Madurai Sub Zone, Madurai (NCB) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J DSS
ORDER
IN CRL OP(MD) No.14292 of 2025 Date : 07/04/2026 5/5