Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 59754 (MAD)

Sumanta Sahoo v. The State Represented by the Inspector of Police

CRL OP/23436/2026 · 2026-08-21

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23436 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23436 of 2026 Sumanta Sahoo S/o. Sibaprasath Karachi Village, Kenrabada District. Presently residing at 4, Subhash Nagar, Kallukondapalli Village, Pelakondapalli Post, Thenkanikottai Taluk, Krishnagiri District. ..Petitioner(s) Vs The State Represented by the Inspector of Police Mathigiri Police Station, Krishnagiri District (Crime No.227 of 2026) ..Respondent(s) Criminal Miscellaneous Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, to enlarge the petitioner on bail in Crime No.227 of 2026 on the file of the respondent police. For Petitioner(s): Mr. G. Paramasivam For Respondent(s): Mr. M.M.I. Khaleel, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 22.07.2026 for the alleged offence under Sections 8(c), r/w 20(b)(ii),(B) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in Crime No.277 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23436 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner was found in possession of 6.5 kilograms of Ganja. Hence, the complaint. 3. The learned counsel for the petitioner submitted that the petitioner has been in judicial custody since 23.07.2026 for the alleged possession of 1.2 kilograms of ganja. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail and reiterated the case of the prosecution, stating that the petitioner was found in possession of banned contraband of 6.5 kilograms of Ganja. He further submitted that the petitioner is a native of Orissa. He also submitted that the petitioner has no previous cases pending against him. However, he opposed for the grant of bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 23436 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case and the submissions made by both sides, and taking note of the fact that the quantity of ganja allegedly recovered from the petitioner is an intermediate quantity and that he has no previous criminal antecedents, and that further custodial interrogation is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties (among two sureties, one should be a blood surety and another should be a local surety), for a like sum to the satisfaction of the learned Special Judge under EC/NDPS Court, Salem, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] The petitioner shall report before the respondent Police daily at 10:30 A.M., until further orders; https://www.mhc.tn.gov.in/judis CRL OP No. 23436 of 2026 __________ Page4 of 6 [c] the petitioner shall not abscond either during the investigation or during the trial; [d] the petitioner shall not tamper with the evidence or witness either during the investigation or during the trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner is 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)13 SCC 283]; [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21-08-2026 KLT Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 23436 of 2026 __________ Page5 of 6 To 1.The Special Judge under EC/NDPS Court, Salem. 2.The Superintendent of Police, Central Prison, Salem. 3.The Inspector of Police, Mathigiri Police Station, Krishnagiri District. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23436 of 2026 __________ Page6 of 6 N.RAMESH, J. KLT CRL OP No. 23436 of 2026 21-08-2026 https://www.mhc.tn.gov.in/judis