Authority: Madras High Court (High Court of Judicature at Madras)

Order Date: 29.06.2026

Case Overview

  • Petitioner: M/s R. Nalliyappan (referred to as Aanuraj) filed a Criminal Original Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in Crime No. 93 of 2025.
  • Respondent: The State represented by the Inspector of Police, Prohibition Enforcement Wing (PEW), Salem City.
  • Charges: Offences under Section 8(c) read with 20(b)(ii)(C) and 29(1) of the NDPS Act, 1985, for alleged possession of 33.990 kilograms of ganja.
  • Accused: Three persons; the petitioner has been in judicial custody since 27.05.2026. Co‑accused Hamid Gafur obtained bail from the Supreme Court (SLP (Criminal) Diary No. 7638 of 2026 dated 20.04.2026) based on a common order dated 31.10.2025.
  • Government Position: The learned Government Advocate (Criminal Side) opposed bail, citing the contraband as a commercial quantity, but acknowledged the earlier common order and the Supreme Court bail for Hamid Gafur.
  • Petitioner's Argument: Claims innocence, asserts parity with Hamid Gafur, and requests bail on that ground.

Court Reasoning

  • The Court noted that the petitioner stands on the same footing as Accused No. 3 (Hamid Gafur) and that denying bail would breach the principle of parity.
  • Although the Government Advocate opposed bail, he could not demonstrate a valid reason to deny the petitioner the benefit already extended to the co‑accused.
  • Consequently, the Court is inclined to extend the benefit of parity and grant bail, subject to conditions.

Final Outcome

  • The petitioner is released on bail upon executing a bond of Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties, each for the same amount.
  • Conditions imposed:

a) Sureties must affix photographs and left thumb impressions on Judicial Form No. 46; identity proof to be verified by the Magistrate.

b) Petitioner must appear before the Investigating Officer on the 15th of every calendar month until trial concludes and must attend all trial court hearings.

c) Petitioner must not abscond during investigation or trial.

d) Petitioner must not tamper with evidence or witnesses.

e) Breach of any condition allows the Magistrate/Trial Court to take appropriate action as per Supreme Court precedent (P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]).

f) If the petitioner absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

  • The order is to be uploaded immediately on the official website of the Court, watermarked and QR‑coded, eliminating the need for certified hard copies.
  • Relevant authorities for implementation include the Special Court for Essential Commodities Act and NDPS Court, Salem; the Superintendent, Central Jail, Salem; the Inspector of Police, PEW Salem City; and the Public Prosecutor, High Court of Madras, Chennai.

Topics: Bail, NDPS, Court Proceedings