Crl. O.P. No.3061 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl. O.P. No.3061 of 2025 Mohamed Noor Musharaf S/o. Abdul Rahim ... Petitioner / Accused Vs. The Union represented by: The Intelligence Officer, NCB, Chennai. (R.R. No.38 of 2024). ... Respondent PRAYER: The Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the R.R. No.38 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.C.M. Ramakrishnan For Respondent : Mr. N.P. Kumar Special Public Prosecutor. O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.06.2024 seeking bail in R.R. 1/4 https://www.mhc.tn.gov.in/judis Crl. O.P. No.3061 of 2025 No.38 of 2024 registered for the offences under Sections 8(c), 22(c), 28 & 29(1) of NDPS Act. 2. The case of the prosecution is that based on secret information, the respondent intercepted the vehicle bearing Registration No.TN03 Z 8176, in which, the petitioner along with other accused was travelling and they were found in possession of 2.700 kgs of White Colour Crystal substance believed to be Amphetamine, which is a commercial quantity. 3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the petitioner was not present in the car; that he has been implicated, only based on the confession of the co- accused and hence, rigors of Section 37 of NDPS Act will not be applicable; and that in any case, considering the period of incarceration of the petitioner, further custody of the petitioner is not required and hence prayed for grant of bail. 4. The learned Special Public Prosecutor for NCB cases appearing for the respondent reiterated the prosecution case and filed the counter of the respondent police. 2/4 https://www.mhc.tn.gov.in/judis Crl. O.P. No.3061 of 2025 5. The counter affidavit of the respondent would show that the three persons travelled in the car and they were in possession of 2.700 kgs of White Colour Crystal substance believed to be Amphetamine. Hence rigors of Section 37 of NDPS Act would be applicable and the petitioner has not satisfied the twin conditions under Section 37 of NDPS Act. 6. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. 7. Accordingly, the Criminal Original Petition is dismissed. 12.03.2025 mjs To 1. The Intelligence Officer, NCB, Chennai. 2. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl. O.P. No.3061 of 2025 SUNDER MOHAN., J. mjs Crl. O.P. No.3061 of 2025 12.03.2025 4/4 https://www.mhc.tn.gov.in/judis