Ajmeer Kaja Mydeen Vs The State rep the Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.163 of 2025 on the file of the respondent police.

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For Petitioner in Crl.O.P.No.32552 of 2025 : Mr. A. Saravanan For Petitioners in Crl.O.P.No.33624 of 2025 : Mr. W. Camyles Gandhi For Petitioner in Crl.O.P.No.32656 of 2025 : Mr. S. Hemanand For Petitioners in Crl.O.P.No.36147 of 2025 : Mr. S. Parameswaran

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For Respondent(s) : Mr. S. Vinoth Kumar Government Advocate (Crl. Side)

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

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Crl.O.P.Nos.32552, 33624, 33656 and 36147 of 2025

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COMMON ORDER

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The petitioners/ Muthukalai (A1) and Thiruchenduran (A2) were arrested and remanded to judicial custody on 20.09.2025, the petitioner/ Baskar (A3) was arrested and remanded to judicial custody on 21.09.2025 and the petitioners/ Ajmeer Kaja Mydeen (A4), Venkatesh (A5) and Velpandiyan (A6) were arrested and remanded to judicial custody on 22.09.2025, for the alleged offence under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(1) of the NDPS Act in Crime No.163 of 2025 on the file of the respondent police, seek bail.

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2. The case of the prosecution is that on 19.09.2025 based on a specific information regarding illegal sale of contraband, the respondent team went to Paradarami Checkpost, intercepted a lorry bearing Registration No.TN-52-K-7398, in which A1 and A2 were traveling; that after complying all the mandatory provisions under the NDPS Act, search was conducted and seized two kilograms of Ganja from their possession and seized another 34 kilograms of Ganja, which was kept at cowhide load in the said lorry; that thereafter, their confessions statements were recorded, which revealed that, A1 procured the seized contraband from one Siva (A8) at Andhra Pradesh and illegally transported the same Tamil Nadu for their personal gain; that during further course of investigation, the involvement of other accused in this case were unearthed and further seizure of 1.050 kilograms of Ganja were recovered

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

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Crl.O.P.Nos.32552, 33624, 33656 and 36147 of 2025

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from A4, A5 and A6. Hence, this case.

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3 . The main contention raised by the learned counsels appearing for the petitioners in Crl.O.P.Nos.32552, 33624 and 33656 of 2025 submitted that the petitioners have been falsely implicated in this case based on the confession of the co-accused and they are in judicial custody since September 2025; that

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the contraband alleged to have been seized from the petitioners/ Baskar, Ajmeer Kaja Moideen, Venkatesh and Velpandiyan are 500 grams, 250 grams and 300 grams of Ganja, respectively, weighing totally about 1.050 kilograms of Ganja, which does not fall within the definition of commercial quantity, hence Section 37 of the NDPS Act is not applicable to the case of the petitioners; and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, they pray for grant of bail to the petitioners.

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4 . The learned counsel appearing for the petitioners in Crl.O.P.No.36147 of 2025 submitted that the petitioners have been falsely implicated in this case and they are in judicial custody since 20.09.2025; that initially the respondent alleged to have seized two kilograms of Ganja from the petitioners; that later, the respondent claims that based on the confession, there is another seizure of 34 kilograms of Ganja,; and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence,

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

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Crl.O.P.Nos.32552, 33624, 33656 and 36147 of 2025

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he prays for grant of bail to the petitioners.

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The learned Government Advocate (Criminal Side) appearing for

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the Respondent Police while opposing the bail to the petitioners, reiterated the prosecution case and submitted that the total quantity of contraband seized in this case is 37.05 kilograms of Ganja, which is a commercial quantity. He also submitted that there are totally 8 accused involved in this case and the petitioners herein are arrayed as A1 to A6; that the accused acted together and involved in illicit trafficking of Ganja for the purpose of illegal sale; that A1 and A2 collected the contraband from A8 at Andhra Pradesh, who is the kingpin and supplier of the contraband; that while they were illegally transporting the contraband in a lorry, they were intercepted by the respondent police. He also submitted that based on the confession of A1 and A2, the involvement of other accused in this case is unearthed and they have also played huge role in this illicit transportation; and that the investigation of this case is still pending.

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I have given my anxious consideration to either side submissions and perused the materials available on record.

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7 . From the submissions made by the learned Government Advocate

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

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Crl.O.P.Nos.32552, 33624, 33656 and 36147 of 2025

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(Crl. Side), it is seen that the petitioners have involved in illicit trafficking of Ganja from Andhra Pradesh to Tamil Nadu and the seized contraband in this case is of commercial quantity. Though, it is stated that the petitioners are in judicial custody since September 2025, the contention raised by the learned Government Advocate (Crl. Side) appearing for the respondent cannot be outrightly rejected, since rigors of Section 37 of the NDPS Act is applicable to the case of the petitioners and also the fact that, the investigation of this case is pending and if the petitioners are enlarged on bail, there is possibility that they would abscond and hamper the investigation process. Hence, this Court is not inclined to grant bail to the petitioners.

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