Petitioner arrested for possession of 30 kgs of ganja sought bail. The court held that since the contraband was a commercial quantity, the twin conditions of Section 37 NDPS Act applied and were not satisfied, and dismissed the bail petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
Crl.O.P.No.20659 of 2025 Aebinesar
... Petitioner
Vs.
State of Tamilnadu represented by The Inspector of Police, Ambattur-PEW Police Station, Avadi City PEW, Chennai District. (Crime No.17 of 2025)
... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in C.C.No.17 of 2025 on the file of the respondent police.
For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody
on 04.02.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c) of NDPS Act, 1985 in Crime No.17 of 2025, registered on the file of the respondent, seeks bail.
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the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.
6. Considering the quantity of the contraband seized from the petitioner is a commercial quantity and rigors of Section 37 of NDPS Act is applicable to this case and no grounds were made out for satisfying twin conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner with certain conditions:
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08.10.2025
kmm
To
1.The Inspector of Police, Ambattur-PEW Police Station, Avadi City PEW, Chennai District.
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K.RAJASEKAR, J.
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Crl.O.P.No.20659 of 2025
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08.10.2025
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1 issue framed by the court
Whether bail should be granted to an accused found in possession of 30 kgs of ganja, a commercial quantity under the NDPS Act.
3 provisions across 2 enactments
Aebinesar
State of Tamilnadu represented by The Inspector of Police, Ambattur-PEW Police Station, Avadi City PEW, Chennai District
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
