Accused sought bail under Section 439 Cr.P.C. in an NDPS case involving pyeevon spas plus (tramadol) tablets. The court held that seizures from all accused formed a continuous chain and totalled 992.56 grams, exceeding commercial quantity, so bail was refused despite filing of charge sheet.
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.No. 2280 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 27.02.2024
PRONOUNCED ON : 06.03.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No. 2280 of 2024
P.Susai Thaba ... Petitioner/ Accused Vs. State Rep. by The Inspector of Police M-6 Manali Police Station Chennai. (Crime No. 256 of 2023). ... Respondent/Complainant
PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in the event of his arrest in Crime No. 256 of 2023 on the file of the respondent police.
For Petitioner : Mr. Illiyas for Mr.P.Sridhar
For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)
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ORDER
Crl.O.P.No. 2280 of 2024
The accused in Crime No. 256 of 2023 registered by the respondent police under Section 8(C), 22(C), 25 & 29(1) of NDPS Act, who was remanded to custody on 31.05.2023 seeks bail.
2. It is the case of the prosecution that on 30.05.2023 at around
8.00 p.m., the respondent had arrested two individuals, the first accused with possession of 80 pyeevon spas plus tablets and on his confession, a further accused with possession of 240 tablets.
offences. It is contended that there was no recovery of any contraband from the petitioner. He therefore seeks bail.
had been stated that the petitioner is the second accused and from him, 1520 tablets of pyeevon spas plus tablets which are a schedule 110 Y (Tramado) ingredient had been seized. It had been stated that on confession, the respondent had seized from the third accused 240 pyeevon spas plus tablets.
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Crl.O.P.No. 2280 of 2024
It is stated that the investigation has been completed and the final report had also been filed and taken cognizance as C.C.No. 1004 of 2023 by the Principal Sub Court for EC and NDPS Act Cases, Chennai. It is also stated that the respondent had arrested the fourth accused and recovered 150 strips of pyeevon spas plus each containing 8 tablets, totally 1200 tablets. It had been contended that the total weight of tablets seized is 992.56 grams.
6. I have carefully considered the arguments advanced.
schedule-II 38 ZH. It is a controlled substance. More than 250 grams is commercial quantity. The total quantity seized is 992.56 grams with each tablet weighing 0.653 grams.
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Crl.O.P.No. 2280 of 2024
could be weighed together is one block or the tablets seized from each one of the accused should be examined independently.
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Crl.O.P.No. 2280 of 2024
filed, since the total weight is more than the commercial quantity, I am not inclined to grant bail to the petitioner. This Petition stands dismissed.
06.03.2024
vsg
Index:Yes/No Neutral Citation:Yes/No Speaking order : Yes/No
To
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Crl.O.P.No. 2280 of 2024
C.V.KARTHIKEYAN, J.
vsg
Pre Delivery Order made in Crl.O.P.No. 2280 of 2024
06.03.2024
6
1 issue framed by the court
Whether the tablets seized from multiple accused in a continuous chain of arrests could be aggregated as one quantity exceeding the commercial quantity under the NDPS Act for bail purposes.
5 provisions across 2 enactments
P.Susai Thaba
State Rep. by The Inspector of Police M-6 Manali Police Station Chennai
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
