Dismissed¶33

Favouv Oke v. Union of India

Bail – NDPS Act – Sections 8(c), 21(C), 22(C), 28 and 29(1)

Madras HC12 Mar 2026CRL OP/959/2026

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What is this about?

Madras High Court, CRL OP No. 959 of 2026, decided 12-03-2026 by Justice C.Kumarappan: bail application under Section 483 BNSS by accused-4 (Favouv Oke) in NCB case RR.No.24/2023 / C.C.No.203/2024 involving Cocaine, MDMA and Amphetamine; refused owing to commercial quantity and Section 37 NDPS Act rigors; petition dismissed.

What did the court decide?

On the Special Public Prosecutor's submission that a commercial quantity of contraband was seized from the petitioner, the Court found no reason to overcome the rigors of Section 37 of the NDPS Act and no material in the petition justifying release on bail. ¶31

Favouv Oke Vs Union of India — Narcotics (NDPS) | Madras HC (2026)

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CRL OP No. 959 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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CRL OP No. 959 of 2026

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Favouv Oke D/o.Oke, R/o.111, Green Garden Layout, 1st Floor, Bidarahalli Village, Bangalore, Permanent Address Binny EDO State, Sobe, Nigeria.

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..Petitioner(s)

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Union Of India represented by

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The Jr.Intelligence Officer, Narcotics Control Bureau, Chennai-77. RR.No.24/2023.

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..Respondent(s)

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PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner/accused-4 on bail pending trial in C.C.No.203/2024 in RR.No.24/2023 on the file of Honble II Additional Special

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Court for Exclusive trial of cases under NDPS Act at Chennai.

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For Petitioner(s): No appearance. For Respondent(s): Mr N.P. Kumar, Special Public Prosecutor[FOR NCB CASES]

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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Page1 of 4

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

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CRL OP No. 959 of 2026

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06.09.2023 for the alleged offences under Sections 8(c), 21(C), 22(C), 28 and 29(1) of NDPS Act in R.R. No.24 of 2023 on the file of the respondent police, seeks bail.

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The case of the prosecution is on 06.09.2023 at around 6.30 hours,

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based on a secret information, when the respondent police conducted search at SPS Travel bus entered in the Omni bus stand at Koyambedu, the petitioner along with other accused were in collective possession of 7.45 grams of Cocaine, 7.20 grams of MDMA, 407 grams of Amphetamine, 138 grams of MDMA, 601 grams of Amphetamine and 172 grams of MDMA. Hence the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. He would further submit that the petitioner has been under long incarceration since 06.09.2023 and she is ready and willing to abide by any condition that may be imposed by this Court and prayed to enlarge the petitioner on bail.

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The learned Special Public Prosecutor appearing for the respondent police strongly opposed to enlarge the petitioner on bail and has filed a counter stating that there are three accused involved in this case and 46 grams of blue colour diamond shaped tablets (MDMA pills) have been recovered from this

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Page2 of 4

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

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CRL OP No. 959 of 2026

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petitioner and the same would come under the commercial quantity. Therefore,

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there is bar under Section 37(1)(2)(b) of NDPS Act. Apart from that, the petitioner is a Nigerian national and therefore, if she is enlarged on bail, there is every possibility of absconding.

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From the submissions made by the learned Special Public Prosecutor that commercial quantity of contraband has been seized from the petitioner, this Court could not find any reason to overcome the rigors under Section 37 of NDPS Act and also this Court could not find any material in this petition. In

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view of the same, it is not desirable to enlarge the petitioner on bail.

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Accordingly, this Criminal Original Petition is dismissed.

12-03-2026

MJS

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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Page3 of 4

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

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CRL OP No. 959 of 2026

C.KUMARAPPAN, J.

MJS