High Court · 2025

CRL OP No. 30719 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-11-2025CORAMTHE HONOURABLE MR.JUSTICE K.RAJASEKARCRL OP No. 30719 of 20251. Mohammed AzharS/o. Ayed Abudhakir, No.2/24, Pallivasai Street, Jegathgapattinam Pudhukottai.Petitioner(s)Vs1. The State of tamilnadu, Rep by The Inspector of policeH-6, R.K.Nagar Police Station, Chennai.Respondent(s)PRAYERTo enlarge them on bail pending investigation of the case connected with the crime no 387 of 2025 (on the file of the inspector of police, H-6 R.K.Nagar Police Station, Chennai) and pass such further or other orders as this Hon'ble Court may deem fit and Proper in the circumstances of the case.For Petitioner(s):M.IlliyasFor Respondent(s):Mr.A.GopinathGovernment Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 2025ORDERThe petitioner, who was arrested and remanded to judicial custody on 05.06.2025, for the alleged offence punishable under Sections 8(c), 22(c) and 29(1) of the NDPS Act in Crime No.387 of 2025, on the file of the respondent police, seeks bail.2. The case of the prosecution is that on 04.06.2025, at about 9.45 hrs, the respondent police was on patrol duty, received an information about the possession and transport of Methapetamine by 5 persons, near I.O.C. yard, and same was reduced into writing and police party went to place of occurrence, intercepted A1 to A5. After complying other mandatory provisions, search was conducted and they are in possession of 700 grams of Methamphetamine and A1 to A5 were arrested. Based on their statement, A6 & A7 were arrested and A8 is absconding and the case was investigated and final report filed. Now in the final report it is stated that, A8 is the person who supplied the contraband after collecting a sum of Rs.2.8 lakhs from A2, A3, A5 and with the help of A6, transported 700g of Methamphetamine from Manipur. Hence, the case. https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 20253. The learned counsel for the petitioner submitted that, though in the seizure mahazar it was recorded 700g of Methamphetamine was recovered from A1 to A5, it was not specific to State from whom the whole contraband has been seized. In the seizure mahazar, it is stated that, from A1 to A5, cellphones were recovered and there is no clarity with regard to the seizure of 700 g of Methamphetamine and from whom it was recovered. In the final report, it was stated that the recovery was effected A2/Abbas Ali and further submitted that, apart from the seizure mahazar, there is no other material to connect the accused with the alleged seizure of contraband. Since there is no material to connect the petitioner/accused with the seizure and he has no previous cases against him, petitioner has satisfied the twin conditions contemplated under Section 37 of NDPS Act. Hence, he prayed for grant of bail to the petitioner. 4. The learned Government Advocate (Crl. Side) submitted that, the petitioner is ranked as A4 in this case. There are money transactions taken place between A2 to A5 and that they have made payment of Rs.2.8 lakhs to A8 for the purpose of procuring the contraband and also to supply the same. He further submitted that the petitioners are close relatives and they are known to each https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 2025other and they are in same place at the time of seizure, hence they cannot plead that they were not aware of the contraband recovered in this case. He further submitted that, cellphones were also recovered and these materials are sufficient to link the petitioner with the alleged contraband. and he opposed for grant of bail to the petitioner. 5. Admittedly, investigation in this case has been completed and final report also filed. The seizure mahazar reveals that at the time of seizure, it has been recorded that, recovery effected are of 700g of Methamphetamine and 5 cellphones from A1 & A5. It is not specifically stated that from whom the contraband was recovered. The Methamphetamine seized and produced before the concerned Magistrate under Form 91 and also the subsequent inventory reveals that the prosecution recovered 700 g of Methamphetamine. It is also specifically stated in the list of witnesses that there are witnesses to speak about the recovery. It is also alleged in the final report that the recovery was effected from A2 and though the confession recorded from A1 to A5 is not admissible in evidence, there are witnesses to speak about the recovery from A2. https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 20256. The co-accused who are ranked as A1, A3, A5 were granted bail by this Court in Crl.O.P.No.26177, 27509 & 27642 of 2025 vide order dated 06.11.2025 on the following reasons:“With regard to other petitioners, the prosecution relied on recovery of cellphones and transfer of money and their presence in the scene of occurrence along with other accused. It is admitted fact that, there is no evidence or witness cited for examination to prove the alleged cash transaction or other bank transaction, further there is no other evidence except the confession recorded from the arrested accused to show they knew about the possession of contraband by Accused No.2. Though cellphones were seized, admittedly same were not subjected to investigation as no CDR details were obtained and no materials have been produced. It is also admitted by the petitioners that they will not indulge in similar offences and ready to abide by any conditions. So far, no previous cases reported against them. I am of the view that the petitioners have satisfied the conditions contemplated under Section 37 of NDPS Act and hence, I am inclined to grant bail to the petitioners in Crl.O.P.Nos.27509, 26177, 27642 of 2025.” 7. Considering the submissions of the learned counsel on either side and taking note of the fact that the petitioner (A4)who is similarly placed with co-accused viz., A1, A3 & A5, and the co-accused were already granted bail by this Court, and reasons stated in para 6 is applicable to the petitioner herein, hence, this Court is inclined to grant bail to the petitioner(A4), subject to certain conditions.8. Accordingly, the petitioner is ordered to be released on bail on his https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 2025executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town and Principal Special Court for NDPS Act, Chennai, and on further conditions that:-[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks; and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.14-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:Yes https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 2025Neutral Citation:Yes/NompaNote:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. 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 thisCourt will be watermarked and will also have a QR code.To1.XV Metropolitan Magistrate, George Town and Principal Special Court for NDPS Act, Chennai.2.The State of tamilnadu, Rep by The Inspector of policeH-6, R.K.Nagar Police Station, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 20253.The Superindentant of Police Central Prison, Puzhal. 4.The Public Prosecutor High Court of Madras.K.RAJASEKAR J.mpa https://www.mhc.tn.gov.in/judis CRL OP No. 30719 of 2025CRL OP No. 30719 of 2025 14-11-2025