CRL OP/10789/2026 of G.Pandiyan Vs State rep. by the Inspector of Police,

CRL OP No. 10789 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 10789 of 2026 G.Pandiyan ..Petitioner Vs State rep. by Inspector of Police Thiyagadurgam Police Station, Thiyagadurgam, Kallakurichi District. (Crime No.393 of 2025) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail and release his in Crime No.393 of 2026 on the file of respondent police. For Petitioner: Mr.G.Tamilselvan For Respondent: Mr.S.Vinoth Kumar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 22.09.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(C), 29(1), 25 of NDPS Act, in Crime No.393 of 2025 on the file of the respondent polic e, seeks bail. 2. The case of the prosecution is that on 22.09.2025, based on secret information, the respondent police conducted inspection and found the https://www.mhc.tn.gov.in/judis CRL OP No. 10789 of 2026 __________ Page2 of 4 petitioner along with other accused in possession of 21 kg 700 grams of ga nja. Hence, the case was registered. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that he is a law-abiding citizen having permanent residence and he is ready to cooperate with the investigation. The learned counsel would also submit that the petitioner will abide by any conditions imposed by thi s Court and will not abscond. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the case involves commercial quantity and the offence attracts the rigour under Section 37 of the Narcotic Drugs a nd Psychotropic Substances Act (NDPS), 1985 Act. It is further submit ted that the petitioner has not satisfied the twin conditions contemplated under Section 37 of the NDPS Act and therefore, he is not entitled to bail. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. This Court is of the view that considering the nature of the allega tion and the fact that the case involves commercial quantity, the rigour under Section https://www.mhc.tn.gov.in/judis CRL OP No. 10789 of 2026 __________ Page3 of 4 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Act square ly applies. Further, the petitioner has failed to satisfy the twin conditions as contemplated under Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, this Criminal Original Petition stands dismissed. 30-04-2026 NSL To 1. The Inspector of Police, Thiyagadurgam Police Station, Thiyagadurgam, Kallakurichi District. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 10789 of 2026 __________ Page4 of 4 G.K.ILANTHIRAIYAN, J. NSL CRL OP No. 10789 of 2026 30-04-2026 2/2 https://www.mhc.tn.gov.in/judis