Ganesan Vs State of Tamilnadu rep by its

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail investigation pending in the Crime No.613 of 2024 on the file of the respondent police.

¶11

For Petitioner : Mr.A.Thirumaran For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side) O R D E R

¶12

The petitioner, who was arrested and remanded to judicial custody on 01.01.2025, for the offence punishable under Sections 8(c), 22(c), 25, 29(1) of the

¶13

NDPS Act, in Crime No.613 of 2024 registered on the file of the respondent police, seeks bail.

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

Crl.O.P.No.17782 of 2025

¶17

The case of the prosecution is that, on 31.12.2024, based on secret information, the respondent police intercepted one Ganesan and Madhan and from them Narcotic Drugs were recovered. Thereafter, the another accused, Raja was arrested from whom, three covers containing 5.050 kg, 4.850 kg and 5.000 kg of ketamine were seized. The chain of investigation has led to the arrest of 29 persons involved in drug trafficking. Out of which, seven persons were arrested and the rest of the accused are absconding. Hence, the case.

¶18

The learned counsel appearing for the petitioner submits that the petitioner is in prison for more than 550 days and the chemical analysis report does not indicate the presence of narcotic drugs in respect of samples drawn from item Nos.1 to 9. As far as samples drawn from item nos. 10 to 13, are concerned metaphetamine was found. However, the contraband was not seized from this petitioner. Hence he prays for the grant of bail.

¶19

The learned Government Advocate (Crl.Side) appearing for the respondent submits that the respondent police has filed a status report with detailed counter stating that the supply chain of narcotics drugs starts from North India and circulates through to Srilanka involving 29 persons. As per the

¶20

2/5

¶21

https://www.mhc.tn.gov.in/judis

¶22

Crl.O.P.No.17782 of 2025

¶23

confession statement of the co-accused and as well as his own confession, the petitioner is the main person by whom the supply of the contraband was effected. Though the substance which has been suspected to be the narcotic drugs in item nos. 1 to 9 were found to be white crystalline powder and not a narcotic drugs. The other contraband which are item nos.10 to 13 were found positive for the test of methphetamine which is a narcotic drugs and the total quantity seized is 1.388 kgs, which is a commercial quantity.

¶24

On perusal of the confession statement of the petitioner and as well as

¶25

the co-accused, Raja, this Court is of the view that it is the case where large quantity of Narcotic and Psychotropic Substance being transported illegally and the role of the petitioner has been spoken by the co-accused. In view of the above, this Court finds that the twin conditions required under Section 37 of NDPS Act, for grant of bail are not being satisfied.

¶26