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2026 DAILYLAW 57207 (MAD)

Prakashraj v. The State Represented by the Inspector of Police

CRL OP/19259/2026 · 2026-07-24

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19259 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19259 of 2026 Prakashraj ..Petitioner Vs The State Rep.by The Inspector of Police, H-8 Thiruvottiyur Police Station, Crime No.736 of 2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/accused on bail in CC.No.1049 of 2025 pending on the file of II Additional Special Court under EC and NDPS Act at Chennai in Crime No.736 of 2025 pending on the file of respondent police. For Petitioner: Mr.R.Dinesh 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 16.05.2025 for the alleged offences under Sections 8(c) r/w 20(b)(ii)(c) and 29(1) of the NDPS Act, 1985 in Crime No.736 of 2025 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19259 of 2026 __________ Page2 of 4 2. The case of the prosecution is that the petitioner was found in possession of 25 kilograms of ganja. 3. The learned counsel appearing for the petitioner would submit that the petitioner has been in judicial custody since 16.05.2025. It is submitted that there are eight accused in the case and some of the co-accused have already been enlarged on bail. It is further submitted that the petitioner has undergone incarceration for more than one year. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl.Side) opposed the bail application and submitted that the 25 kilograms of ganja, which is a commercial quantity, was recovered only from the present petitioner. It is further submitted that the petitioner has one previous cases. Hence, the petitioner has failed to satisfy the twin conditions under Section 37 of the NDPS Act. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Though some of the co-accused have already been enlarged on bail, as against the present petitioner there is a recovery of 25 kilograms of ganja, which is a commercial quantity. Further, the petitioner has one previous case. Though https://www.mhc.tn.gov.in/judis CRL OP No. 19259 of 2026 __________ Page3 of 4 the petitioner has been in judicial custody from 16.05.2025, mere long incarceration cannot be a ground to grant bail. The petitioner has failed to overcome the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Hence, this Court is not inclined to enlarge the petitioner on bail. 7. Accordingly, this criminal original petition stands dismissed. 24-07-2026 NSL To 1. The Inspector of Police, H-8 Thiruvottiyur Police Station. 2. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19259 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. NSL CRL OP No. 19259 of 2026 24-07-2026 https://www.mhc.tn.gov.in/judis