CRL OP No. 17094 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17094 of 2026 Vigneshwaran ..Petitioner Vs The Inspector of Police, PEW - Redhills Police Station, Tiruvallur District. Crime No.108/2025. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in C.C.No.1231/2025 on the file of the II Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai. For Petitioner: Mr.P.Muthukumarasamy For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 03.07.2025 for the alleged offences under Sections 8(c), 20(b)(ii)(C) and 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.108 of 2025 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17094 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner/A2 and another accused were found in possession of ganja. According to the prosecution, 11 kilograms of ganja was recovered from the petitioner/A2 and 11 kilograms of ganja was recovered from the first accused. 3. The learned counsel appearing for the petitioner would submit that the petitioner has been remanded to judicial custody on 03.07.2025. It is submitted that there are only two accused in the case and 11 kilograms of ganja was recovered from each of them. The learned counsel would further submit that the respondent has already filed the charge sheet and even according to the charge sheet, except the confession statement, there are no materials to rope both the accused together so as to treat the individual recovery as a commercial quantity. It is well settled, in view of the judgment of the Hon'ble Supreme Court in Tofan Singh v. State of Tamil Nadu reported in AIR 2020 SCC 5592, that the confession statement alone cannot be the basis to implicate the accused. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police strongly opposed the bail application and submitted that the petitioner is repeatedly involving himself in similar offences. It is submitted that such repetitive commission of offences has to be viewed objectively, as the conduct of the petitioner would seriously affect the society. https://www.mhc.tn.gov.in/judis CRL OP No. 17094 of 2026 __________ Page3 of 5 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. This Court is in agreement with the submission made by the learned Government Advocate (Crl.Side) regarding the conduct of the petitioner. However, the recovery from the present petitioner is only 11 kilograms of ganja. It is only by clubbing the recovery made from the first accused that the prosecution seeks to treat the case as involving commercial quantity. 7. On a perusal of the charge sheet and the materials available on record, this Court could not find any material, except the confession statement, to rope both the accused together. As already observed, the confession statement alone cannot be a ground to implicate the accused, in view of the law laid down by the Hon'ble Supreme Court in Tofan Singh v. State of Tamil Nadu. Though this Court has arrived at a conclusion that there are no materials, except the confession statement, to rope both the accused together and the recovery from the petitioner is only an intermediate quantity, the petitioner has one previous case involving commercial quantity in the year 2023, one intermediate quantity case in the year 2022 and one small quantity case in the year 2024. Hence taking into consideration of the past conduct, this Court is not inclined to enlarge the petitioner on bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17094 of 2026 __________ Page4 of 5 8. Accordingly, this Criminal Original Petition stands dismissed. 27-07-2026 NSL To 1. The Inspector of Police, PEW - Redhills Police Station, Chennai. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17094 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 17094 of 2026 27-07-2026 2/2 https://www.mhc.tn.gov.in/judis