Two accused in an NDPS ganja smuggling case sought bail under Section 483 BNSS. The court held the 35 kg recovery was a commercial quantity attracting Section 37 rigors, and completion of investigation and filing of charge sheet did not overcome them; bail refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP No. 8979 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 8979 of 2026
..Petitioner(s)
Vs
The State represented by:
The Inspector of Police, Walajapet Police Station, Ranipettai District. [Cr.No.285/2025]
..Respondent(s)
PRAYER: The Criminal Original Petition has been filed under Section 483 of
B.N.S.S. praying to enlarge the petitioners on Bail in Crime No.285 of 2025 on
the file of the Inspector of Police, Walajapet Police Station, Ranipet District.
For Petitioner(s): M/s.G. Ajith For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 16.07.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(C) and 29(1)
Page1 of 4
CRL OP No. 8979 of 2026
of NDPS Act in Cr. No.285 of 2025 on the file of the respondent police, seeks bail.
Page2 of 4
CRL OP No. 8979 of 2026
Advocate is liable to be accepted. While considering the same, there is a total recovery of 35 kgs of Ganja, which is a commercial quantity and hence rigors under Section 37 of NDPS Act, would attract. In order to overcome the same, there are no materials available. Though investigation has been completed and charge sheet has been filed and the case has also been taken on file, such ground does not come within the purview of rigors under Section 37 of NDPS Act and therefore, this Court is not inclined to enlarge the petitioners on bail.
05-06-2026
MJS
Note:
To
Page3 of 4
CRL OP No. 8979 of 2026
C.KUMARAPPAN, J.
MJS
CRL OP No. 8979 of 2026
05-06-2026
__________ Page4 of 4
1 issue framed by the court
Whether the petitioners, arrested for possession of 35 kgs of Ganja (a commercial quantity), could be enlarged on bail notwithstanding the Section 37 NDPS Act rigors.
3 provisions across 2 enactments
Mitu Nayak
Sridhara Nayak
The State represented by the Inspector of Police, Walajapet Police Station, Ranipettai District
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
