State Rep. byThe Inspector of Police M-1 v. Mr.A.Gopinath,Government Advocate (Crl. Side)

CRL OP No. 35897 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07-01-2026CORAMTHE HONOURABLE MR.JUSTICE K.RAJASEKARCRL OP No. 35897 of 20251. Ricky.KS/o. Antony, B.K. Apartment Ground Floor, G-2, Senthil Nagar, Thirumullaivoyal, Chennai-5.Petitioner(s)Vs1. State Rep. by The Inspector of Police M-1, Madhavaram Police Station, Chennai Cr. No.564 of 2025 Respondent(s)PRAYERTo enlarge the petitioner on bail pending investigation in M-1, Madhavaram PS Cr. No.564 of 2025 on the file of the respondent police and thus render justice. For Petitioner: Mr.R.SebastianrajFor Respondent(s):Mr.A.Gopinath, Government Advocate (Crl. Side)ORDERThe petitioner, who was arrested and remanded to judicial custody on 22.08.2025, for the alleged offence punishable under Sections 8(c) r/w. 22(b), 22(c), 25 and 29(1) of the NDPS Act, 1985 in Crime No.564 of 2025 on the file https://www.mhc.tn.gov.in/judis CRL OP No. 35897 of 2025of the respondent police, seeks bail.

The case of the prosecution is that on 22.08.2025 at about 09:30 hours, based on a secret information regarding illegal transportation and selling of ganja, the police party went near Arul Nagar Ground, Madhavaram and based on the identification given by the informant, the petitioner and other accused persons were surrounded by the police party; that after identifying them and compliance of Section 50 of the NDPS Act, the petitioner and other accused were searched; that upon search, it is found that the Abhishek, who arrayed as A2 in this case was found in illegal possession of 7 nos. of LSD Stamp - 0.12 Mg and Lingeshwaran, who arrayed as A3 in this case was in possession of 2.70 grams of Methaphetamine; that A1 was found in possession of 11.60 grams of MDMA Estacy Pills tablet - 23 nos. and A4 and A5/petitioner each were found in possession of 2.30 grams of Methaphetamine; that upon further investigation, two other accused/ A6 & A7 were also arrayed as accused in this case.

The learned counsel appearing for the petitioner submitted that the petitioner went to Arul Nagar Ground, Madhavaram at about 09:00 a.m. on 22.08.2025, he has been falsely implicated in this case and he is in judicial custody since 22.08.2025. He further submitted that the petitioner was alleged to be in possession of intermediate quantity of contraband and further contended that since the seizure was taken place in a public place, the samples were not https://www.mhc.tn.gov.in/judis CRL OP No. 35897 of 2025taken in the presence of learned Magistrate and no public witnesses were utilized in this case, hence Section 50 of the NDPS Act has not been complied with. He also relied on the judgment of the Hon'ble Apex Court in Mohd. Muslim vs. State (NCT of Delhi) [AIR 2023 SC 1648] and Yusuf vs. State [AIR 2023 SC 5041] and the judgment of the High Court of Allahabad in Jamil Akhtar Miyan vs. Union of India [MANU/UP/0140/2024] to support his contention; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate appearing for the respondent police reiterated the prosecution case and submitted that the investigation is not yet concluded. Hence, opposed to grant bail to the petitioner.