The High Court granted bail to two accused persons in an NDPS case involving Ganja and Tydol tablets, imposing conditions including daily reporting to police and execution of bonds.
Petitioners granted bail on executing bonds of Rs. 10,000 each with two sureties and complying with conditions including daily police reporting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.Nos. 1004 & 623 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.Nos. 1004 & 623 of 2024
Santhosh ... Petitioner/Accused 2 in Crl.O.P.No. 1004/2024
Syamala ... Petitioner/3rd Accused in Crl.O.P.No. 623 of 2024
Vs.
State Rep. by The Inspector of Police, F2 Egmore Police Station, Chennai. (Crime No. 480 of 2023) ... Respondent in both Crl.O.Ps.
PRAYER IN BOTH PETITIONS: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail in Crime No.480 of 2023 pending on the file of the respondent Police.
For Petitioner in Crl.O.P.No. 1004 of 2024 : Mr.A.E.Ravichandran
For Petitioner in Crl.O.P.No. 623 of 2024 : Mr. M.I.Javid Akbar
For Respondent in
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Crl.O.P.Nos. 1004 & 623 of 2024
both Petitions : Mr.L.Baskaran Government Advocate (Crl.Side)
COMMON ORDER
The petitioner/A2 has filed Crl.O.P.No. 1004 of 2024 and the petitioner/A3 has filed Crl.O.P.No. 623 of 2024 and both in Cr.No. 480 0f 2023 registered by the respondent police for the offences under Sections 8(c), 20(b)(ii)(B), 22(b), 29(1), 25 of the NDPS Act.
13.12.2023.
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Crl.O.P.Nos. 1004 & 623 of 2024
the quantity of Ganja seized was intermediate quantity. It is also contended that Tydol tables are not scheduled drugs as stated in the schedule in the NDPS Act.
7.Accordingly, the petitioners are ordered to be released on bail on
condition to execute a bond for a sum of Rs.10,000/ - (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore and on further conditions that:
[a] the sureties shall affix their photographs and Left
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Crl.O.P.Nos. 1004 & 623 of 2024
Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police, everyday at 10.30 a.m., until further orders;
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.
24.01.2024
vsg
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Crl.O.P.Nos. 1004 & 623 of 2024
To
C.V.KARTHIKEYAN, J.
vsg
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Crl.O.P.Nos. 1004 & 623 of 2024
Crl.O.P.Nos. 1004 & 623 of 2024
24.01.2024
6
2 issues framed by the court
Whether the petitioners are entitled to bail in NDPS cases involving intermediate quantity of Ganja and Tydol tablets?
Whether Tydol tablets constitute scheduled drugs under the NDPS Act?
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶42
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Santhosh
Syamala
State Rep. by The Inspector of Police, F2 Egmore Police Station, Chennai.
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.V.KARTHIKEYAN
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