Siva v. The Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

07.03.2026 for the alleged offences under Sections 8(c) read with 20(b)(ii)(C) and 29(1) of NDPS Act in Crime No.46 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 25 kg of Ganja. Hence, the case.

¶3The learned counsel for the petitioner would submit that the contraband seized from the petitioner is only 12 kg, which falls under intermediate quantity. He would further submit that the petitioner has been in custody since

07.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. He would further submit that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.50,000/-, to any welfare scheme of the Government or any other organization. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner and A2 were in possession of 25 kg of Ganja, which is a commercial quantity.

¶5Heard learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

¶6Considering the nature of allegations, the voluntary submissions made by the learned counsel for the petitioner and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Principal Special Court under EC and NDPS Act cases, Chennai, and subject to the following conditions: [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] The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the learned Principal Special Court under EC and NDPS Act cases, Chennai, and the receipt shall be produced at the time of executing the bond; [c] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

07.05.2026 dpa/stn Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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 this Court will be watermarked and will also have a QR code. To

¶1The Principal Special Court under EC and NDPS Act cases, Chennai

¶2The Superintendent, Central Prison, Puzhal, Chennai.

¶3The Inspector of Police, PEW, Ambattur Police Station.

¶4The Public Prosecutor, High Court of Madras

L.VICTORIA GOWRI, J. dpa/stn Crl.O.P.No.11918 of 2026

07.05.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.05.2026 CORAM THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI Crl.O.P.No.11918 of 2026 Siva ... Petitioner(s) Vs. The State rep. by The Inspector of Police, PEW, Ambattur Police Station. ... Respondent(s) Crime No.46 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.46 of 2026 on the file of the respondent police. For Petitioner(s) : Mr.Srikanth Kolla For Respondent(s) : Mr.V.J.Priyadarsana, Government Advocate (Crl.Side)