CRL OP/6328/2026 of Gowtham Vs State, rep. by

CRL OP Nos. 6328 & 8002 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR. JUSTICE C.KUMARAPPAN CRL OP Nos. 6328 & 8002 of 2026 1.Gowtham ..Petitioner(s) in CRL OP 6328/2026 2.Karthi ..Petitioner(s) in CRL OP 8002/2026 Vs State, rep. by The Inspector of Police, Avinashi Police Station, Tirupur District. Coimbatore. Cr.No.1022/2025 ..Respondent(s) Criminal Original Petitions have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioners on bail in connection with Crime.No.1022/2025 on the file of the Respondent, Avinashi Police Station, Tiruppur City. For Petitioner(s): Mr.M.Rajasekar (in Crl.OP.No.6328/2026) Ms.M.Vindhiya (in Crl.OP.No.8002/2026) For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis CRL OP Nos. 6328 & 8002 of 2026 __________ Page2 of 5 COMMON ORDER The petitioner in Crl.O.P.No.6328 of 2026 (arrayed as A2), who was arrested and remanded to judicial custody on 16.12.2025, and the petitioner in Crl.O.P.No.8002 of 2026 (arrayed as A9), who was arrested and remanded to judicial custody on 17.12.2025, seek bail for alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C), 25, and 29(1) of the Narcoti c Drugs and Psychotropic Substances (NDPS) Act, 1985, in Crime No. 1022 of 2025 on the file of the respondent police. 2. The case of the prosecution is that, acting on secret information, t he respondent police intercepted the petitioners along with other accused persons and found them in illegal possession and transportation of 38.400 kilograms of Ganja. It is alleged that the accused were found in a residenc e in the process of packing the contraband into smaller quantities for distribution. 3. The learned counsel for the petitioners would submit that there are total of nine accused in this case and that the petitioners herein (A2 and A9) are innocent and have been falsely implicated. He further submits that t he petitioners have been in incarceration for nearly four months since December 2025 and, therefore, prays for the grant of bail. https://www.mhc.tn.gov.in/judis CRL OP Nos. 6328 & 8002 of 2026 __________ Page3 of 5 4. The said contention was strongly opposed by the learned Government Advocate (Criminal Side) appearing for the respondent, who submitted that the respondent police acted on specific intelligence. On interception and based on subsequent confessions, the police raided a premises where the petitioners and other accused were actively engaged in packing Ganja. A total of 38.400 kilograms of Ganja (commercial quantity) was recovered from the spot. He further submits that the Call Detail Record (CDR) analysis esta blishes frequent contact between A2 and co-accused A3 and A5. Specifically, rega rding A2 (Karthik), it is submitted that he has four previous cases of a simi lar nature pending against him. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side. 6. It is observed that the petitioners were present at the scene of occurrence at the time of the raid and were allegedly involved i n the processing and packing of a commercial quantity of Ganja totaling 38.400 kilograms. As rightly contended by the learned Government Advocate, the CDR particul ars prima facie establish a nexus between the petitioners and the other accused. Furthermore, A2 has a history of prior involvement in similar offences. 7. Since the quantity involved is commercial, the rigours of Section 37 of https://www.mhc.tn.gov.in/judis CRL OP Nos. 6328 & 8002 of 2026 __________ Page4 of 5 the NDPS Act are squarely attracted. This Court finds that the petitioners have not placed any material to satisfy the twin conditions of Section 37, namely, that there are reasonable grounds to believe they are not guilty or that the y are unlikely to commit further offences while on bail. Considering the gravity of the offence and the stage of the investigation, this Court is not inclined to grant bail. 8. Accordingly, the Criminal Original Petitions are dismissed. 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Jeni To 1.The Judicial Magistrate, Avinashi. 2.The Superintendent, Central Prison, Coimbatore. 3.The Inspector of Police, Avinashi Police Station, Tirupur District. 4.The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP Nos. 6328 & 8002 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. Jeni CRL OP Nos. 6328 & 8002 of 2026 06-04-2026 https://www.mhc.tn.gov.in/judis