C.Janarthanan vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 13.10.2025, for the offences punishable under Sections 8(c) r/w 22(a), 22(b), 25, and 29(1) of NDPS Act, @ u/s.8(c) r/w 20(b)(II)(A), 22(a), 22(b), 22(C) 25, and 29(1) of NDPS Act, in Crime No. 354 of 2025 registered on the file respondent police, seeks bail.

The case of the prosecution is that on 24.09.2025 at about 06.00 hours, when Tr.Suresh, the Sub Inspector of Police was in a station duty at that time, he received the secret information about the illegal sale of Contraband. Thereafter he along with his police team Tr.Muthukrishnan HC- 48640 Tr.Stalinjosh HC – 33012 went to the scene of occurrence place (i.e.,) Ashok Nagar 21st Avenue, near 95th Street Junction. At that time two unknown person were standing suspicious manner one namely Praveen / A1, Yuvaraj / A2, bearing Registration No. TN 10 BD 0897 (Honda Activa). On seeing the respondent police team the accused persons tried to escape from the place. During the investigation it came to know that the accused person A1 / Praveen, A2 / Yuvaraj. Subsequently, the respondent police conducted and search the accused person were found in possession of A1 / Praveen LSD Stamp – 0.08 gram, A2 / Yuvaraj – 0.74 gram Methamphetamine, Ketamine – 2.49 gram under cover of seizure mahazar in the presence of witnesses. Then the respondent police arrested the accused person A1 & A2 and recorded their confession statement.

2.1. Based on the confession recorded from A1 and A2 it revealed that they used to purchase the contraband from A3 and immediately A3 was also arrested by the police and from him 18.82 grams of ganja was recovered. It is further revealed that he used to purchase the contraband from A4, A5 and A6. Accordingly, they were arrested. In the statement of A4 and A5, it revealed that they have used to purchase the contraband from A11. Similarly from the arrested accused A6 2.73 grams of Methamphetamine was recovered and it further revealed that A6 joining hands with A7, A8, A9, A10, A13 used to purchase the contraband from A11 and A12. Based on the above statements, A11 and A12 were arrested on 24.09.2025 at about 20.15 hours from them. From A11 OG ganja – 78.61 gram, DMT – 0.56 gram, LSD stamp – 1.15 gram, Ketamine – 2.54 gram were recovered. From Accused No.12 LSD Stamp – 0.21 gram, Ganja – 7.22 gram were recovered.

The learned Counsel for the petitioner submitted that this petitioner is ranked as A13 in this case and there is no recovery effected from this petitioner and it is alleged that the petitioner/A3 used the contraband purchased from the petitioner herein. However, at the time of arresting the accused, no recovery was effected and major recovery is only made from A11 and A12. This Court granted bail to the petitioner/A12 in Crl.O.P.No. 29829 of 2025, dated 27.11.2025. He further submitted that since the seizure was effected only from A11 and A12 and the contraband seized are small quantity or intermediate quantity from the other petitioner herein. The petitioner was not aware of the contraband in possession of other arrested accused in this case. He further submitted that the petitioner has been falsely implicated only based on the confession recorded from A3. However, the petitioner is ready to abide by any condition imposed by this Court. Hence, the petitioner prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case, submitted that it is a network of drug peddlars and A11 to 13 are the main accused who used to procure the contraband from various places and sell to the students and others. He further submitted that investigation in this case is started from arresting of A1 and A2, and thereafter it connects the other accused leads A11 to A13. Apart from that, further investigation reveals involvement of some more accused in this case. He further submitted that the petitioners were aware that the A11 to A13 were continuously involved in trafficking of various Narcotics and Psychotrophic Substances. He further submitted that if the bail is granted there is likelihood of petitioners involved in similar offences. Hence, he opposed for grant of bail to the petitioner.

I have considered the submissions made on both sides and perused the records. Already, this Court granted bail to the co-accused and similarly placed the accused, on the reason that the contraband was seized from them is not commercial quantity and also they were not aware of any nexus with the contraband seized from A11 and A12. Further, the statements recorded revealed that the contraband seized from A11 and A12 is independent transaction of the trafficking and it has no link with the petitioner/A13 herein, hence this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate Court, Saidapet, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] that the petitioner shall report before the concerned Satisfaction Court daily at 10.30 am until further orders.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3rd petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.