Saimon Debbarma v. State rep. By, The Inspector of Police

Madras HC4 Dec 2025CRL OP/22029/2025

Case brief

AI extract

What is this about?

Madras High Court, K. Rajasekar J., 04-12-2025, CRL OP No.22029 of 2025: bail petition under Section 483 BNSS 2023 by Saimon Debbarma, A1, in custody since 11.07.2023; 30 kgs ganja (commercial quantity) seized; offence under Sections 8©, 20(b)(ii)(C) & 29(1) NDPS Act, Crime No.272 of 2023; successive bail application; Section 50 NDPS Act held not applicable, no violation; co-accused absconded, NBWs pending, trial stalled; petition disposed of, trial Court directed to expedite trial and consider splitting the case against A1.

What did the court decide?

No enlargement on bail ordered; the Criminal Original Petition was disposed of with the direction to the trial Court to expedite the trial and assess the feasibility of splitting up the case as against the petitioner. ¶¶26

Saimon Debbarma Vs State rep. By, The Inspector of Police — Narcotics (NDPS) | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner (ranked A1), in judicial custody since 11.07.2023 for alleged possession of 30 kgs of ganja (commercial quantity) punishable under the printed NDPS Act sections in Crime No.272 of 2023, should be enlarged on bail in C.C. No.75 of 2024. +1 more

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Court's answer

With the petitioner in judicial custody from 11.07.2023 and the trial not progressed due to the abscondence of the co-accused, the continuous incarceration of the petitioner warrants appropriate directions.

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Ratio / Principle

This Court finds that Section 50 of the NDPS Act is not applicable to the facts of the present case and therefore no violation arises.

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Key takeaways

The trial Court is directed to expedite the trial process by assessing the feasibility of splitting up the case as against the petitioner and to proceed with the same as early as possible.ratio¶¶25

Detailed headnote1 paragraphs

NDPS bail (successive application) - S.483 BNSS 2023 petition by Saimon Debbarma (A1), in judicial custody since 11.07.2023 in Crime No.272 of 2023 (PEW Tambaram Unit PS) for alleged joint possession of 30 kgs of ganja (commercial quantity) seized from him, offence recorded under Sections 8©, 20(b)(ii)(C) & 29(1) NDPS Act; trial pending as C.C. No.75 of 2024 before II Additional Special Court for Exclusive trial of cases under NDPS Act, Chennai. Counsel's contention of violation of Section 50 NDPS Act rejected: Court held Section 50 inapplicable to the facts, hence no violation. As two bailed co-accused have absconded (NBWs pending) and the trial has not progressed, the Court disposed of the petition without enlarging the petitioner, directing the trial Court to expedite the trial by assessing feasibility of splitting up the case against the petitioner and to proceed early.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.22029 of 2025

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Saimon Debbarma

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Petitioner Vs

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The State Represented by The Inspector of Police, PEW Tambaram Unit Police Station, Crime No.272 of 2023. Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in C.C. No.75 of 2024 on the file of the II Additional Special Court for Exclusive trial of cases under NDPS Act, Chennai, in Crime No.272 of 2023 on the file of the respondent police.

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For Petitioner: Mr.S.Senthilvel For Respondent: Mr.A.Gopinath Government Advocate (Crl.side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody

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on 11.07.2023 for the alleged offence punishable under Section 8©, 20(b) Page 1 of 4

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

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(ii)(C) & 29(1) of NDPS Act, in Crime No.272 of 2023, on the file of the respondent police, seeks bail.

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The allegation against the petitioner is that, the petitioner joined

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hands with other accused was found in possession of 30 kgs of ganja (commercial quantity) which was seized from the petitioner herein. Hence the petitioner was arrested and has been remanded to judicial custody.

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This is the successive bail application. After dismissal of the earlier bail applications, this Court called for a report from the Trial Court regarding the stage of the Trial and report which reveals that two other accused involved in this case, who had been granted bail, have absconded and NBWs are pending against them. It is also reported that the trial has not progressed.

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On perusal of the records and other connected materials, it is seen that the petitioner is ranked as A1 and he is in judicial custody since 11.07.2023. It is alleged that 30 kgs of ganja was recovered from the petitioner. Though it is contended by the learned counsel for the petitioner that Section 50 of the NDPS Act has been violated and that the seizure was only from the petitioner’s bag, this Court finds that

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Page 2 of 4

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

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Section 50 of the NDPS Act is not applicable to the facts of the present

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case and therefore no violation arises in this case.

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Considering the above facts and circumstances of the case, the

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petitioner is in judicial custody from 11.07.2023 and the trial has not progressed due to the abscondence of the co-accused, this Court is of the view that the continuous incarceration of the petitioner warrants appropriate directions.

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Accordingly, the trial Court is directed to expedite the trial process by assessing the feasibility of splitting up the case as against the petitioner and to proceed with the same as early as possible.

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