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2026 DAILYLAW 59304 (MAD)

Sankar @ Gowrisankar v. State of Tamil Nadu rep by the Inspector of Police

CRL OP/20245/2026 · 2026-07-28

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20245 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20245 of 2026 Sankar @ Gowrisankar ..Petitioner Vs State of Tamil Nadu rep by The Inspector of Police Paradarami Police Station, Vellore District. Crime No. 197/2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in crime No. 197 of 2025 on the file of Respondent. For Petitioner: Mr.C.Deepakkumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 24.02.2026 for the alleged offence under Section 8(c) r/w 20(b)(ii)(C) 25 and 29(1) of NDPS Ac in Crime No.197 of 2025 on the file of the respondent police, seeks bail. __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 20245 of 2026 2. The case of the prosecution is that the petitioner along with other accused were found to be in possession of 40 kg of ganja. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner that though the occurrence took place on 19.07.2025 based upon the confession, the petitioner has been remanded to judicial custody after a more than 7 months. He further submitted that except confession statement there are no materials to rope in the accused. He further submitted that there are about 6 accused and the petitioner has been incarcerated since 22.04.2026. Hence, he prays for grant of bail to the Petitioner. 4. The said contention was objected by the learned Govt Advocate (Crl.Side) and he further submitted that there is money trial and there is evidence to show that this petitioner has paid a sum of Rs.1,40,000/- to A1 to A6 which fairly demonstrate his involvement and therefore contended that the application is liable to be dismissed. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 20245 of 2026 submission made by the learned Government Advocate (Crl.Side); considering that this petitioner was remanded based upon the confession statement and in furtherance of the confession, there was a discovery of fact in respect of a money trial and through such money trial, there are substantial evidences to rope in this accused within the parameter of conspiracy as defined under section 29 of the NDPS Act. 7. In such view of the submissions, since there are sufficient materials to rope in the accused under Section 29 in a conspiracy, the possession of the commercial quantity of contraband from A1 to A6 must also be attributed to this accused. The existence of a conspiracy suffices to hold that the physical possession of the other accused constitutes the conscious possession of this petitioner. In such view of the circumstances, there are no grounds to overcome the rigour under section 37 of the application is dismissed. 8. Accordingly, this Criminal Original Petition stands dismissed. 28-07-2026 SHL __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 20245 of 2026 C.KUMARAPPAN J. SHL To: 1. The Inspector of Police Paradarami Police Station, Vellore District. 2. The Public Prosecutor High Court of Madras CRL OP No. 20245 of 2026 28-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis