Sudhir Alberia v. State of Tamil Nadu Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

09.05.2025 for the alleged offence under Section 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act in Crime No.63 of 2025 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner along with another person were found in possession of 60 kg of ganja. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 09.05.2025 and in this case, the total recovery was 60 kg of ganja and that according to the prosecution, all the accused were found together at that time, the recovered was effected. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4At this juncture, the learned Government counsel (Crl.Side) submitted that after registration of this FIR, subsequently another FIR has been registered, in which 120 kg of ganja was recovered. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6In this regard, it is appropriate to extract para 5 of the counter Page3 of 5 statement; "5. It is further submitted that based on the confession statement, it has been revealed that A-1 and A-2 are friends and they used to supply contraband to A-9/Andisamy and A-10/Kumaresan. A-1 used to frequently purchase the contraband from A-4 /Gupta Charan Sahu and used to sell the same to the persons coming from Odissa, Tamil Nadu and Kerala. Likewise, A-4 is supplying ganja to Kerala, Tamil Nadu and Pondicherry. Three days prior to the date of occurrence, A-7 / Muthu informed A-1/Relimajni that A-9/Andisamy and A-10/Kumaresan is in need of 210 kgs of Ganja and they will come and collect the contraband on 29.03.2025. A-7 inturn also informed A-2 & A-3 about the purchase of contraband. As per their plan on 29.03.2025, A-9 & A-10 came in a blue colour Maruthi Swift Car to Mohali Village met A-4 and purchased 30 kg Ganja from A-4 and directed to deliver balance 180 kg ganja in Pondicherry on payment of money and to be delivered to A-9/Andisamy at Pondicherry. A-1/Relimajni, A-2, A-3 purchased the contraband 60 kg Ganja from A-4 and A-5 at Odisha and transported in a TATA indigo Car bearing registration No.OD 01 1119 (30 packet – 60 Kg Ganja) and parked their vehicle near Walajah Tollgate, when they proceed to Pondicherry A-1's vehicle was intercepted near Arcot Polytechnic College and 60 kg Ganja was seized from A-1 & A-2 transported in the car bearing registration No.OD 01 F 1119."

¶7From the above submission, it is amply clear that this being a drug Page4 of 5 cartel and almost more than 180 kg of ganja was recovered from both the cases. According to the prosecution, this petitioner being a prime accused, as rightly contented by learned Government counsel (Crl.Side), there are no materials to overcome the rigour under section 37 of the NDPS Act. Hence, this Court is not inclined to enlarge the petitioner on bail.

¶8Accordingly, this Criminal Original Petition stands dismissed. 23-07-2026 SHL To:

¶1The Inspector of Police Arcot Taluk Police Station, Vellore District.

¶2The Public Prosecutor High Court of Madras CRLoOPoNo.o19662oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o19662oofo2026 23-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sudhir Alberia ..Petitioner Vs State of Tamil Nadu Rep by The Inspector of Police Arcot Taluk Police Station, Vellore District. Crime No. 63/2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.63 of 2025 on the file of Respondent and thus render justice. For Petitioner: Mr.C.Deepakkumar For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)