Bende v. The State Rep By, the Inspector of Police

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

28.10.2025 for the alleged offences under Sections 8 (c), 20 (B) (ii) (B), 22 (c), 25 and 29 (1) of NDPS Act, 1985, in Crime No.201 of 2025 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 199 g of Methamphetamine, 40 Page2 of 4 Tapentadol Tablets, 39 g of white crystal unknown and 8 kg of Ganja. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 28.10.2025. He further submitted that though this is a case involving the recovery of a commercial quantity, no recovery was effected from the petitioner, who has been implicated solely based on the confession statement of a co-accused. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that though no recovery was effected from the petitioner, the total recovery of contraband comprises 199 g of Methamphetamine, 40 Tapentadol Tablets, 39 g of unknown white crystal substance and 8 kg of Ganja. He further submitted that there is strong evidence of a money trial between the petitioner and the other accused namely A1, A2, A4, A5, A6, A7 and A8. He further contended that the petitioner was operating separate mobile numbers and maintaining bank accounts including with Canara Bank and City Union Bank, through which funds were received and routed. He further submitted that A4 and A5 acted as associates of A3 / petitioner and Page3 of 4 facilitated the conspiracy by transferring money though Bank channels. Furthermore, the other accused A6 was in close contact and involved in the financial transactions; A7 also transferred money through his bank account using his mobile number; and A8 operated a bank account through which proceeds arising out of narcotic trafficking were received and transferred, thereby clearly indicating the petitioner's role in the financial transactions. Hence, he opposed for grant of bail to the petitioner.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6.The main argument advanced by the learned counsel for the petitioner is that there is no recovery from the petitioner. Even according to the prosecution, no recovery was effected from the petitioner. However, the prosecution strongly relies upon the money trails and telephone conversations between the petitioner and the other accused persons. The petitioner was remanded on 28.10.2025. Since the respondent has substantive evidence to link the petitioner through the money trial as well as the Call Detail Record (CDR) particulars, as rightly contended by the learned Government Advocate, there is strong evidence for conscious possession of a commercial quantity of Narcotics. Page4 of 4

C.KUMARAPPAN, J.

7.In view of these submissions, the mere fact that there was no recovery from the petitioner is by itself not sufficient to overcome the rigour under Section 37 of the NDPS Act. According to the prosecution, there is a concerted conscious possession of a commercial quantity of contraband recovered from the other accused. The petitioner has not put forth any grounds to overcome the rigour of Section 37 of the NDPS Act. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 13-07-2026 ep To:-

1.The Inspector of Police B5, Manavalan Nagar Police Station, Tiruvallur.

2.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Bende ..Petitioner(s) Vs The State Rep By, The Inspector of Police B5, Manavalan Nagar Police Station, Tiruvallur. Crime No.201 of 2025 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail CC.No.647 of 2026 on the file of I Additional Special Court for Exclusive Trial of Cases under NDPS in Crime No.201 of 2025 on the file of Inspector of Police, B5, Manavalan Nagar Police Station at Thiruvallur. For Petitioner(s): Mr.P.Syed Abdul Mashood For Respondent(s): Mr.S.Yogaraja Sekar Government Advocate (Criminal side)