Dismissed¶8

Abishek v. The State Rep. by, The Inspector of Police

Madras HC22 Jul 2026CRL MP/12887/2026

Case brief

AI extract

What is this about?

NDPS condition relaxation refused; Section 528 BNSS petition dismissed by Madras High Court (Shamim Ahmed J.) on 22-07-2026 in CRL MP No. 12887 of 2026 in CRL RC No. 2368 of 2025; weekly Monday appearance before Magistrate imposed in Crl.M.P.No.4313 of 2026 dated 06.03.2026 to continue; Crime No.10 of 2025, NIB-CID Police Station; Sections 8(c), 22(c), 29(1) NDPS Act, 1985; 249 grams methamphetamine, commercial quantity; hardship of daily wage worker/sole breadwinner not sufficient absent substantial change in circumstances or compelling/exceptional grounds.

What did the court decide?

None; the condition imposed by this Court in Crl.M.P.No.4313 of 2026, dated 06.03.2026, shall continue to remain in force. ¶8

Abishek Vs The State Rep. by, The Inspector of Police — Narcotics (NDPS) | Madras HC (2026)

What the court decided

AI extract

Outcome

None; the condition imposed by this Court in Crl.M.P.No.4313 of 2026, dated 06.03.2026, shall continue to remain in force.

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Issue for consideration

Whether the condition imposed in Crl.M.P.No.4313 of 2026 dated 06.03.2026, directing the petitioner to appear before the learned Magistrate every Monday at 10.30 a.m. until further orders, should be further relaxed on the ground of hardship to the petitioner, a daily wage worker in Kerala.

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Court's answer

The materials on record do not disclose any substantial change in circumstances warranting further relaxation of the condition; the condition is intended to secure the petitioner's presence during the pendency of the proceedings and is not onerous, particularly having regard to the nature and gravity of the allegations and the commercial quantity of contraband involved.

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Ratio / Principle

Mere assertion that the petitioner is a daily wage worker and that the condition causes inconvenience is not, by itself, a ground for further relaxation; the petitioner has already been granted modification of the earlier condition and is required to appear only once a week; in the absence of any compelling or exceptional circumstance, the Court is not inclined to further interfere with the condition.

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Detailed headnote1 paragraphs

Madras High Court (Shamim Ahmed J.), CRL MP No. 12887 of 2026 in CRL RC No. 2368 of 2025, decided 22-07-2026: Criminal Miscellaneous Petition under Section 528 B.N.S.S. by Abishek, arraigned in Crime No.10 of 2025 (NIB-CID Police Station) for offences under Sections 8(c), 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, involving alleged seizure of 249 grams of methamphetamine, a commercial quantity, seeking relaxation of the condition imposed in Crl.M.P.No.4313 of 2026 dated 06.03.2026 requiring him to appear before the concerned Magistrate every Monday at 10.30 a.m. until further orders, on the ground that he is a daily wage worker in Kerala and sole breadwinner facing hardship to his livelihood. Held: no substantial change in circumstances warranting further relaxation; the condition secures the petitioner's presence during pendency and is not onerous given the nature and gravity of the allegations and the commercial quantity involved; mere assertion of daily-wage employment and inconvenience is not by itself a ground for relaxation, the petitioner having already obtained modification of the earlier condition; absent compelling or exceptional circumstances the Court declined to interfere. Petition dismissed; the condition shall continue to remain in force.

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CRL MP No. 12887 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE SHAMIM AHMED

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CRL MP No. 12887 of 2026 in CRL RC NO. 2368 OF 2025

Abishek

..Petitioner(s)

The State Rep. By, The Inspector of Police NIB-CID, Police Station, Cr.No.10 of 2025.

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..Respondent(s)

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PRAYER – This Criminal Miscellaneous Petition is filed under Section 528 of

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B.N.S.S., to relax the condition imposed in Crl.MP.No.4313 of 2026 in Crl.RC.No.2368 of 2025 dated 06.03.2026 that the Petitioner is directed to

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appear before the concerned Magistrate every Monday at 10.30 a.m. until further orders.

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For Petitioner(s): Mr.R.Sebastianraj For Respondent(s): Mr.M.M.I.Khaleel, Government Advocate (Criminal Side)

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O R D E R

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This Criminal Miscellaneous Petition has been filed seeking relaxation of

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the condition imposed by this Court in Crl.M.P.No.4313 of 2026, dated

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Page1 of 4

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

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CRL MP No. 12887 of 2026

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06.03.2026, directing the petitioner to appear before the learned Magistrate every Monday at 10.30 a.m. until further orders.

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The learned counsel appearing for the petitioner submitted that the petitioner is a daily wage worker in Kerala and is the sole breadwinner of his family. It is submitted that the petitioner has been regularly complying with the condition imposed by this Court and has been appearing before the learned Magistrate without any default. It is further submitted that the petitioner is willing to appear before the learned Trial Court as and when required and that the continued insistence upon his appearance every Monday is causing serious hardship and affecting his livelihood. Hence, the learned counsel seeks relaxation of the said condition.

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The learned Additional Public Prosecutor appearing for the respondent opposed the petition and submitted that the condition was imposed taking into consideration the nature and gravity of the offence alleged against the petitioner and the stage of the proceedings.

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This Court has considered the submissions made on either side and perused the materials available on record.

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__________ Page2 of 4

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

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CRL MP No. 12887 of 2026

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The petitioner is facing prosecution in Crime No.10 of 2025 registered by the NIB-CID Police Station for the offences under Sections 8(c), 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, involving alleged seizure of 249 grams of methamphetamine, which is a commercial quantity. The petitioner was granted relief by this Court in Crl.R.C.No.2368 of 2025, subject to certain conditions. Subsequently, by order dated 06.03.2026 in Crl.M.P.No.4313 of 2026, the condition relating to appearance was modified and the petitioner was directed to appear before the concerned Magistrate every Monday at 10.30 a.m. until further orders.

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The petitioner now seeks further relaxation of the said condition, primarily on the ground that he is employed as a daily wage worker in Kerala and that his regular appearance before the learned Magistrate is causing hardship to him and affecting his livelihood. However, the materials placed before this Court do not disclose any substantial change in circumstances warranting further relaxation of the condition imposed by this Court. The condition imposed is intended to secure the presence of the petitioner during the pendency of the proceedings and cannot be said to be onerous, particularly having regard to the nature and gravity of the allegations and the quantity of contraband involved in the case.

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__________ Page3 of 4

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

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CRL MP No. 12887 of 2026

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SHAMIM AHMED J.

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GSA

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The mere assertion that the petitioner is a daily wage worker and that

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the condition causes inconvenience, by itself, cannot be a ground for further relaxation of a condition imposed to ensure the petitioner's availability before the Court. The petitioner has already been granted the benefit of modification of the earlier condition and has been directed to appear only before the concerned Magistrate once a week. In the absence of any compelling or exceptional circumstance, this Court is not inclined to further interfere with the said condition.

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Accordingly, this Criminal Miscellaneous Petition is dismissed. The condition imposed by this Court in Crl.M.P.No.4313 of 2026, dated 06.03.2026, shall continue to remain in force.

22-07-2026

GSA

1.The Inspector of Police NIB-CID, Police Station.

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2.The Public Prosecutor, Madras High Court.

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CRL MP No. 12887 of 2026 IN CRL RC NO. 2368 OF 2025

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