M.Noushad v. The State Rep by the Inspector of Police

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

03.07.2026 for the alleged offences under Sections 8(c),20(b)(ii)(B), 25 & 29(1) of the NDPS Act, 1985 in Crime No.50 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner along with other accused were found to be in possession of 13 kg of ganja and 350 ml of ganja oil. Hence, the case.

¶3The learned counsel appearing for the petitioner 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 recovery from this petitioner is only 78 polythene sheets. Based on the confession of A1, this petitioner has been implicated in this case. 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.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been arrayed as A2 and has been incarcerated since 03.07.2026. He further submitted that there is CDR particulars in suppport of communication between A1 and A2. Hence, he opposed the grant of bail to the Petitioner.

¶5Heard the learned counsel appearing for the petitioner, the learned Page3 of 6 Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and considering the fact that there is no recovery from this petitioner and even the total recovery is intermediate quantity and the petitioner has no criminal antecedents, considering his period of incarceration, this Court is of the view that further incarceration of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities ACT / NDPS ACT Cases, Coimbatore, 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; Page4 of 6 [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To:

¶1The Additional District Judge/Presiding Officer, Special Court for Essential Commodities ACT / NDPS ACT Cases, Coimbatore.

¶2The Central Prison, Coimbatore.

¶3The Inspector of Police, Erumadu Police Station, The Nilgiris.

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o22563oofo2026 N.RAMESHoJ. SHL CRLoOPoNo.o22563oofo2026 20-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH M.Noushad ..Petitioner Vs The State rep by The Inspector of Police Erumadu Police Station, The Nilgiris. Crime No.50/2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.50 of 2026 on the file of the respondent police. For Petitioner: Ms.M.Kruthika For Respondent: Mr.M.M.I.Khaleel Government Advocate (Crl.Side)