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2026 DAILYLAW 45951 (MAD)

Vanjuvanjula Nagaraju v. The State of Tamilnadu Rep. by

CRL OP(MD)/12094/2026 · 2026-07-07

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.12094 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.12094 of 2026 Vanjuvanjula Nagaraju, S/o. Vanjuvanjula Dharmaraju H.No.2/53, Sagaram Village, Madugilamandal, Vishakapatnam, Andrapradesh. (Presently Being Confined at Vishagapatti. ... Petitioner/Accused No.6 Vs The State of Tamilnadu Rep By, The Inspector of Police, Cumbum South Police Station, Theni District. (Crime No. 224 of 2024). ... Respondent/Complainant For Petitioner : Ms.Kavitha K, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 PRAYER :- C-32B. To enlarge the petitioner/accused no. 6 on bail in C.C.No. 219 of 2025 on the file of the Hon`ble I Additional District Judge for EC and NDPS Act, Madurai in Crime No. 244 of 2024 on the file of the respondent police... ORDER : The Court made the following order :- The petitioner/Accused No.6, who was arrested and remanded to judicial custody on 05.06.2026 for the alleged offence under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(i) of NDPS Act, 1985 in C.C.No.219 fo 2025 on the file of the learned I Additional District Judge for EC and NDPS Act Cases, Madurai, in connection with Crime No.244 of 2024 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that the petitioner is ranked as A6 in this case. Based on prior information received by the respondent Police, on 13.11.2024, they intercepted the vehicle, in which A1 and A2 travelled carrying 9 kgs of Ganja and A3 to A5 travelled in a different vehicle carrying 12 kgs of Ganja. Hence, the case was registered for the possession of 21 kgs of Ganja, which is a commercial quantity. Investigation revealed that the petitioner had gone to Andhra Pradesh and 2/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 purchased Ganja by paying a sum of Rs.1,00,000/-. While transporting the same, the other accused were arrested. During the course of investigation, the police established that the petitioner herein had direct links with the other accused. Thereafter, the final report was filed. 3. The learned counsel appearing for the petitioner submitted that, since the two vehicles were intercepted separately, separate seizure mahazars were prepared. This Court, by considering the quantity seized from each vehicle separately and holding that they could not be linked with each other, granted bail after observing that the case is not involving a commercial quantity. He further submitted that, except for the confession statement, there is no other material to implicate the petitioner herein. Hence, he prayed for the grant of bail to the petitioner. 4. The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that call detail records had been recovered and mobile phones seized from the arrested accused. The same revealed that several calls had been made to the petitioner herein. It was further submitted that the tower locations and 3/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 other materials would show that the other accused had reached the petitioner’s place and received the contraband. Hence, he opposed the grant of bail to the petitioner. 6. Heard both sides and I have also gone through the FIR and final report and other connected materials including the order passed by this Court in Crl.O.P.(MD).No.12931 of 2025 vide order dated 25.03.2026 while granting bail to A2 wherein this Court observed as follows: 6. Considering the rival submissions made by the learned counsel on either side and though the prosecution projected the case as if quantity involved in this case is commercial quantity a perusal of the record revels that contraband recovered from this petitioner is 4 kgs. This petitioner and A1 travelled in a vehicle and the other accused A2 to A5 travelled in another vehicle separately and the contraband was recovered separately from each accused. Therefore once the contraband recovered from A1 and A2 in a separate vehicle the quantity will not come under 4/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 commercial quantity. so far as this petitioner is concerned since he travelled in a separate vehicle it cannot treated as commercial quantity and thereby the contraband involved in respect of this petitioner is not commercial quantity. The petitioner is in judicial custody from 13.11.2024 and still Non Bailable Warrant is pending as against A6 and there is no likelihood of case taking up for hearing in the near future. Though the petitioner has some previous cases, already bail was granted to him in those case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 7. The facts discussed above by this Court revealed that the contraband seized could not be considered as commercial quantity. 8.Though it is stated that the petitioner herein had supplied a total quantity of more than 25 kgs of Ganja, there is no material to link the quantity seized from the other accused with the petitioner. Apart from 5/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 that, though certain call details and tower locations have been relied on, a careful perusal of the list of memo of evidence filed along with the final report shows that no expert witness has been cited to speak about the call details. Further, no call data records have been filed as documents to substantiate the case of the prosecution that A6 was in regular contact with the other accused. In view of the above facts, this Court is of the opinion that the petitioner satisfies the requirements under Section 37 of the NDPS Act. Accordingly, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned I Additional District Judge for EC and NDPS Act, Madurai, and on further conditions that: [b] the petitioner shall report before the learned I Additional District Judge for EC and NDPS Act, Madurai, on all working days at 10.30 a.m., for a period of eight weeks. 6/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). 6/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. 7/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 07.07.2026 vsg TO 1.The learned I Additional District Judge for EC and NDPS Act, Madurai. 2. The Officer-in-Charge, Vishagapattinam Prison,Andra Pradesh. 3.The Inspector of Police, Cumbum South Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 8/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12094 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.12094 of 2026 Date : 07/07/2026 9/9 https://www.mhc.tn.gov.in/judis