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2026 DAILYLAW 47124 (MAD)

Sandhya v. Union of India, Rep by the Intelligence Officer

CRL OP/16729/2026 · 2026-07-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16729 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16729 of 2026 Sandhya ..Petitioner(s) Vs Union of India, Rep by The Intelligence Officer NCB, Chennai. R.R.No.43 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail pending investigation in R.R.No.43 of 2025 on the file of the Union of India rep by the Intelligence Officer, NCB, Chennai and thus render justice. For Petitioner(s): Mr.N.Nikhilesh For Respondent(s): Mr.A.Kumaraguru Special Public Prosecutor ORDER The petitioner, who was arrested and remanded to judicial custody on 09.01.2026 for the alleged offences under Sections 8 (c) r/w 20 (b) (ii) (C), 28, 29 of NDPS Act, 1985, in R.R No.43 of 2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with other accused was found in illegal possession of 28.080 kg of Ganja. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 16729 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 09.01.2026. He further submitted that there are three accused in this case and the petitioner is arrayed as A3. It is the contention of the learned counsel for the petitioner that the petitioner was directed to appear before the Narcotics Control Bureau, Chennai, on summons and she has been appearing and co-operating for the investigation. He submitted that based on the confession of co-accused,and apart from the said confessions, there are no incriminating materials against her. Hence, he prays to grant bail to the petitioner. 4.Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that money trials, whatsapp chats and other Call Detail Record (CDR) particulars demonstrate that the petitioner is the mastermind behind the entire trafficking operation. He further submitted that the confessions of A1 and A2 lead to the discovery of the petitioner’s involvement, which has been duly substantiated through whatsapp chats. He strongly opposed the bail application on the ground that, as a commercial quantity is involved, the rigour under Section 37 of the NDPS Act would be attracted. Hence, he opposed for grant of bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 16729 of 2026 __________ Page3 of 4 6.Although the learned counsel for the petitioner submitted that the petitioner was arrested solely based on the confession statements of the co- accused, the submission made by the learned Government Advocate (Criminal side), reveals that the confessions of A1 and A2 led to the discovery of facts. Specifically, WhatsApp chats and other CDR particulars clearly demonstrate a nexus between the petitioner and the other accused. Therefore, even though the petitioner was initially implicated by a confession statement, it subsequently led to the discovery of facts, with the total recovery being 28.080 kg of Ganja. The petitioner’s concerted conspiracy in trafficking such a huge quantity of contraband is prima-facie manifest through the aforementioned document. In view of this position, and despite the submissions made by the learned counsel for the petitioner, this Court cannot find any grounds to overcome the rigor under Section 37 of the NDPS Act. Hence, the Criminal Original Petition is dismissed. 06-07-2026 ep https://www.mhc.tn.gov.in/judis CRL OP No. 16729 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. EP To 1.The Intelligence Officer NCB, Chennai. 2.The Public Prosecutor High Court of Madras. CRL OP No. 16729 of 2026 06-07-2026 https://www.mhc.tn.gov.in/judis