Madras High Court
Saraswathi @ Thonthiy Ammal vs The Inspector Of Police on 30 April, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.MP(MD)Nos.13485 of 2023, etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 30.04.2026
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
Crl.MP.(MD)Nos.13485 of 2023; 4578 of 2024;
5574, 5896, 5918, 6140, 6157, 6173, 6528, 6693, 6710, 7776, 8770, 8923, 9374,
9652, 9711, 9725, 10362, 10368, 11100, 11214, 11814, 12425, 12739, 13225,
15749, 17793, 18570, 20476 of 2025;
1218, 1827, 3144, 4815, 4816, 5070, 5492, 6861, 7567, 7570 of 2026
in
Crl.A.(MD)Nos.866 of 2023;
63, 69, 100, 186, 359, 714, 991, 1009, 1027, 1146 of 2024;
44, 167, 499, 514, 520, 530, 535, 541, 588, 605, 611, 681, 734, 735, 747, 767, 782,
789, 794, 892, 934, 1157, 1251, 1376 of 2025;
130, 208, 285, 286 of 2026
Crl.MP(MD) No.13485 of 2023:
Saraswathi @ Thonthiy Ammal ... Petitioner
Vs
The Inspector of Police,
NIBCID Police Station,
Madurai District.
Crime No.130 of 2019 ... Respondent
Criminal Miscellaneous Petition is filed under Section 389(1) of
Criminal Procedure Code, to suspend the sentence imposed on the petitioner
in CC No.125 of 2020, dated 12.05.2023, on the file of the I Additional Special
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Court for NDPS Act cases, Madurai and enlarge him on bail, pending
disposal of the criminal appeal.
For Petitioner : Mr.Robinson
Legal Aid Counsel
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.4578 of 2024:
Arivazhagan ... Petitioner
Vs
The Inspector of Police,
NIBCID Police Station,
Madurai District.
Crime No.130 of 2019 ... Respondent
Criminal Miscellaneous Petition is filed under Section 389(1) of
Criminal Procedure Code, to suspend the sentence imposed on the petitioner
in CC No.125 of 2020, dated 12.05.2023, on the file of the I Additional Special
Court for NDPS Act cases, Madurai and enlarge him on bail, pending
disposal of the criminal appeal.
For Petitioner : Mr.SMA.Jinnah
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP.(MD)No.5574 of 2025:
Anbu ... Petitioner
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
The State of Tamilnadu,
Rep. by the Inspector of Police,
Cumbum North Police Station,
Cumbum,
Theni District.
(Crime No. 91/2022) ... Respondent
Petition filed under Section 430(2) of BNSS, to suspend the sentence of
imprisonment imposed in C.C. No. 572 of 2022 on the file of the 1st
Additional Special Court for NDPS Act Cases, Madurai, dated 20.12.2023 and
enlarge the petitioner/Appellant on bail, pending disposal of the Criminal
Appeal.
For Petitioner : Mr.D.Ramesh Kumar
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP.(MD)Nos.5896, 5918 and 9652 of 2025:
Nagendran ... A4 / Petitioner in Crl.MP.
(MD)No.5896 of 2025
S.Suresh ... A1 / Petitioner in Crl.MP.
(MD)No.5918 of 2025
Saravanan ... A2 /1st Petitioner in
Crl.MP.(MD)No.9652 of 2025
Prasath ... A3 / 2nd petitioner in
Crl.MP.(MD)No.9652 of 2025
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
State of Tamil Nadu, Rep. by
The Inspector of Police,
Usilampatti Town P.S.
Madurai District. ... Respondent in all
petitions
Petitions filed under Section 430(1) of BNSS, to suspend the sentence
imposed by the learned Additional District Judge, Principal Special Court for
EC & NDPS Act Cases, Madurai, passed in C.C.No.1018 of 2023 dated
25.03.2025 pending disposal of the criminal appeal.
For Petitioner in
Crl.MP.(MD)No.5896/2025 : Mr.P.Ammavasai
For Petitioner in
Crl.MP.(MD)No.5918/2025 : Mr.NA.Manimarana
For Petitioners in
Crl.MP.(MD)No.9652/2025 : Mr.J.Vivek
For Respondent in all
petitions : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) Nos.6140, 6157, 6173, 6693, 6710 & 15749 of 2025:
Elango @ Elangovan ... Petitioner/A4
in Crl.MP(MD) No.6140/2025
Packiyaraj ... Petitioner/A3
in Crl.MP(MD) No.6157/2025
Soundarapandi ... Petitioner/A1
in Crl.MP(MD) No.6173/2025
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Kumar ... Petitioner/A5
in Crl.MP(MD) No.6693/2025
Jayaprakash ... Petitioner/A2
in Crl.MP(MD) No.6710/2025
P.Naresh ... Petitioner/A6
in Crl.MP(MD) No.15749/2025
Vs
The Inspector of Police,
Usilampatti Town Police Station,
Madurai District.
Crime No.359 of 2021 ... Respondent in all Crl.MPs
Criminal Miscellaneous Petitions are filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.50 of 2022,
dated 05.04.2023, on the file of the Principal Special Court for EC & NDPS Act
cases, Madurai and enlarge them on bail, pending disposal of the criminal
appeal.
For Petitioner : Mrs.M.Niranjana Devi
( in Crl.MP(MD) No.6140/2025)
For Petitioner : Mr.R.Rajan
( in Crl.MP(MD) No.6157/2025)
For Petitioner : Mr.M.Jayapal
( in Crl.MP(MD) No.6173/2025)
For Petitioner : Mrs.M.Niranjana Devi
( in Crl.MP(MD) No.6693/2025)
For Petitioner : Mrs.M.Niranjana Devi
( in Crl.MP(MD) No.6710/2025)
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
For Petitioner : Mr.NA.Manimaran
( in Crl.MP(MD) No.15749/2025)
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
(in all petitions)
Crl.M.P.(MD)No.6528 of 2025:
S.Ponnangan ... Petitioner
Vs
State of Tamilnadu, through
The Inspector of Police,
NIBCID,
Dindigul District.
(Crime No.127/2017) ... Respondent
Petition filed under Section 430 of BNSS, to suspend the sentence
imposed by the I Additional Special Court for EC and NDPS Act Cases,
Madurai, in C.C.No.70 of 2018 dated 09.04.2025 and enlarge the petitioner on
bail pending disposal of the criminal appeal.
For Petitioner : Mr.NA.Manimaran
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Crl.M.P.(MD)Nos.7776, 8770, 9374, 9711, 9725,
10362, 10368 and 11214 of 2025:
Sheik Mohamed Rafeek ... Petitioner in
Crl.MP.(MD)No.7776/2025
Salabaga Lokeshwara Prasath ... Petitioner in
Crl.MP.(MD)No.8770/2025
Archunan ... Petitioner in
Crl.MP.(MD)No.9374/2025
Sheik Fareeth ... Petitioner in
Crl.MP.(MD)No.9711/2025
Muthukaruppan ... Petitioner in
Crl.MP.(MD)No.9725/2025
T.Sundarapandi ... Petitioner in
Crl.MP.(MD)No.10362/2025
Naveena ... Petitioner in
Crl.MP.(MD)No.10368/2025
Dhivya ... Petitioner in
Crl.MP.(MD)No.11214/2025
Vs
State of Tamil Nadu, through
Inspector of Police,
Dhadikombu Police Station,
Dindigul District. ... Respondent in all
petitions
Petitions filed under Section 430(1) of BNSS, to suspend the sentence
imposed by the I Additional Special Court for NDPS Act cases, Madurai,
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Madurai District, in C.C.No.527 of 2023 by Judgment dated 19.05.2025 and
enlarge the petitioners on bail pending disposal of the criminal appeal.
For Petitioner in
Crl.MP.(MD)No.7776/2025 : Mr.S.Saravana Kumar
For Petitioner in
Crl.MP.(MD)Nos.8770 &
9374/2025 : Mr.J.Selvam
For Petitioner in
Crl.MP.(MD)No.9711/2025 : Mr.R.R.Kannan
For Petitioner in
Crl.MP.(MD)Nos.9725 and
10368/2025 : Mr.A.Naresh Prabu
For Petitioner in
Crl.MP.(MD)No.10362/2025
: Mr.NA.Manimaran
For Petitioner in
Crl.MP.(MD)No.11214/2025
: Mr.A.Prasanna Rajadurai
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
(in all petitions)
Crl.MP.(MD)No.8923 of 2025:
Veeramani ... Petitioner
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
The State of Tamil Nadu,
Rep. by the Inspector of Police,
Usilampatti Town Police Station,
Madurai District. ... Respondent
Petition filed under Section 430 of BNSS, to suspend the sentence
imposed on the petitioner in C.C.No.133 of 2022 dated 18.03.2024 on the file
of the II Additional Special Court for NDPS Act Cases, Madurai.
For Petitioner : Mr.M.Jegadeesh Pandian
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.M.P.(MD)Nos.11100, 12425, 12739 and 20476 of 2025:
Ananthan ... A1/petitioner in
Crl.MP.(MD)No.11100/25
Ananthakumar ... A2/petitioner in
Crl.MP.(MD)No.12425/25
Sarepalavengatagiripabu ... A8/petitioner in
Crl.MP.(MD)No.12739/25
Karukola Rajasekar ... A9/petitioner in
Crl.MP.(MD)No.20476/25
Vs
The State of Tamil Nadu, rep. by
The Inspector of Police,
Sedapatti Police Station,
Madurai District. ... Respondent in all
petitions
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Petitions filed under Section 430(1) of BNSS, to suspend the execution
of sentence imposed on the petitioners by granting bail in C.C.No.430 of 2023
dated 29.05.2024 on the file of the learned Principal Special Judge for EC &
NDPS Act, Madurai, till the disposal of the Criminal Appeal.
For Petitioner in
Crl.MP.(MD)No.11100/2025 : Mr.K.Prabhu
For Petitioner in
Crl.MP.(MD)No.12425/2025 : Mr.S.Mandhiralingeswaran
For Petitioner in
Crl.MP.(MD)No.12739/2025 : Dr.R.Alagumani
For Petitioner in
Crl.MP.(MD)No.20476/2025 : M/s.Mamta Pandey
For Respondent in
all petitions : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.M.P.(MD)No.11814 of 2025:
S.Sabari Krishnan ... Petitioner
Vs
State of Tamilnadu rep. by
The Inspector of Police,
NIB CID Theni P.S.
Theni District.
Crime No.89 of 2017. ... Respondent
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Petition filed under Section 430 of BNSS, to suspend the sentence
imposed by the learned Special Principal District and Sessions Judge for EC
& NDPS Act Cases, Madurai, in C.C.No.14 of 2018 by Judgment dated
24.06.2024 and enlarge the petitioner on bail pending disposal of the criminal
appeal.
For Petitioner : Mr.NA.Manimaran
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.M.P.(MD)No.13225 of 2025:
Boobalan ... Petitioner
Vs
State of Tamilnadu, Rep. by
The Inspector of Police,
Odaipatti Police Station,
Theni District.
Cr.No.52/2022 ... Respondent
Petition filed under Section 430(1) of BNSS, to suspend the sentence
imposed against the petitioner in C.C.No.743 of 2022 dated 30.06.2023 passed
by the learned District and Sessions Judge, Communal Clash Cases Court,
Madurai and enlarge the petitioner on bail pending disposal of the above
appeal.
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
For Petitioner : Mr.R.Vignesh
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP.(MD)No.17793 of 2025:
Selvam ... Petitioner
Vs.
State represented by,
The Inspector Of Police,
Checkanurani Police Station,
Madurai District. ... Respondent
Petition filed under Section 430 of BNSS to suspend the sentence
imposed on the petitioner / Appellant / Accused No.2 named Selvam,
S/o.Mari passed by the learned I Additional Special Judge for NDPS Act
Cases, Madurai, in C.C.No.19 of 2019, dated 30.09.2025 and enlarge the
petitioner on bail pending disposal of the appeal.
For Petitioner : Mr.A.Vignesh
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
Crl.M.P.(MD)No.18570 of 2025:
Dharmapandi ... Petitioner
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
The State rep. by
The Inspector of Police,
Sedapatti Police Station,
Kammalapatti,
Madurai District.
Cr.No.85 of 2018. ... Respondent
Petition filed under Section 430 of BNSS, to suspend the sentence
imposed by the 1st Additional Special Court for NDPS Act Cases, Maduri, in
C.C.No.159 of 2020 dated 30.04.2024 and enlarge the petitioner on bail
pending disposal of the criminal appeal.
For Petitioner : Mr.R.Rajan
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.1218 of 2026:
Krishnamoorthy ... Petitioner
Vs
The Inspector of Police,
Checkkanruani Police Station,
Madurai District,
Crime No.425 of 2013 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.249 of
2014, dated 06.12.2023, on the file of the II Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
For Petitioner : Mr.C.Murugendran
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.1827 of 2026:
Veeranan ...Petitioner
Vs
State Represented by
The Inspector of Police,
NIB CID Dindigul
Crime No.26 of 2003 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.429 of
2003, dated 29.10.2024, on the file of the I Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
For Petitioner : Mr.A.Vignesh
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.3144 of 2026:
Murugan ... Petitioner
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
The Inspector of Police,
NIB CID,
Theni,
Theni District.
Crime No.108 of 2019 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS,
2023 to suspend the sentence imposed on the petitioner in CC No.132 of 2020,
dated 24.04.2025 by the I Additional Special Court for NDPS Act cases,
Madurai and enlarge him on bail, pending disposal of the criminal Appeal.
For Petitioner : Mr.J.Jeyaaron Raja
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
Crl.MP(MD) No.4815 of 2026:
Murugan ... Petitioner
Vs
State Represented by
The Inspector of Police,
Checkanaurani Police Station,
Madurai District.
Crime No.245 of 2022 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.1291 of
2022, dated 16.07.2024, on the file of the I Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
For Petitioner : Mr.J.Jeyaaron Raja
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.4816 of 2026:
Pasupathi ... Petitioner
Vs
State Represented by
The Inspector of Police,
Checkanaurani Police Station,
Madurai District.
Crime No.245 of 2022 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.1291 of
2022, dated 16.07.2024, on the file of the I Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
For Petitioner : Mr.S.Muniyandi
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.5070 of 2026:
Arasan ... Petitioner
Vs
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
The Inspector of Police,
NIBCID Police Station,
Theni District.
Crime No.31 of 2021 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.519 of
2021, dated 24.04.2023, on the file of the I Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
For Petitioner : Mr.P.Thanga Prithvi Rajan
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP.(MD)No.5492 of 2026:
Sudhakar ... Petitioner
Vs
The State of Tamilnadu Rep. by
The Inspector of Police,
NIB CID Police Station,
Madurai District. ... Respondent
Petition filed under Section 430(1) of BNSS, to suspend the sentence
imposed against the petitioner in C.C.No.125 of 2020 dated 12.05.2023 passed
by the I Additional Special Court for NDPS Act Cases, Madurai and enlarge
the petitioner on bail pending disposal of the above appeal.
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
For Petitioner : Mr.R.Vignesh
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) No.6861 of 2026:
Sakthimurugan ...Petitioner
Vs
The Inspector of Police,
Checkkanruani Police Station,
Madurai District,
Crime No.425 of 2013 ... Respondent
Criminal Miscellaneous Petition is filed under Section 430 of BNSS,
2023, to suspend the sentence imposed on the petitioner in CC No.249 of
2014, dated 06.12.2023, on the file of the II Additional Special Court for NDPS
Act cases, Madurai and enlarge him on bail, pending disposal of the criminal
appeal.
For Petitioner : Mr.M.Jegadeesh Pandian
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
Crl.MP(MD) Nos.7567 & 7570 of 2026:
R.Ranjith ...Petitioner in
Crl.MP(MD) No.7567 of 2026
V.Balasubramani ...Petitioner in
Crl.MP(MD) No.7570 of 2026
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
Vs
State of Tamil Nadu
Represented by
The Inspector of Police,
Cumbum North Police Station,
Theni District.
Crime No.91 of 2022 ... Respondent in both
MPs
Criminal Miscellaneous Petitions are filed under Section 430(2) of
BNSS, 2023, to suspend the sentence imposed on the petitioners in CC No.572
of 2022, dated 20.12.2023, on the file of the I Additional Special Court for
NDPS Act cases, Madurai and enlarge them on bail, pending disposal of the
criminal appeal.
For Petitioners : Mr.NA.Manimaran
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor
*****
COMMON ORDER
The petitioners before this Court were arrested and tried for the
offences under the Narcotic Drugs and Psychotropic Substances 1985
(hereafter referred to as the “NDPS Act”), found guilty, convicted and
sentenced by the trial Court. They have filed the present appeals as against
the conviction and sentence imposed by the trial Court and these appeals
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
were admitted by this Court. Along with the appeals, the petitioners have
filed the present applications to suspend the sentence imposed by the trial
Court.
2. Similar applications filed by some of the petitioners were already
rejected by this Court and they have moved the application for the second
time that they are in prison for more than 2 years. Some of them are in prison
for more than 4 years and some of them have undergone half of the
punishment imposed by the trial Court.
3. Over the past two months, this Court, while dealing with criminal
appeals, noticed that most of the appeals are arising out of conviction
imposed under the NDPS Act. A substantial number of cases originate from
the districts of Madurai, Theni and Dindigul. This Court was confronted with
not less than 50 such applications arising out of conviction under the NDPS
Act seeking the suspension of sentence of the accused hailing from Madurai,
Theni and Dindigul districts. These areas were prone to ganja and cannabis
consumption in the past and there were cultivations. The State claims that in
view of the stern actions taken by them, there is no cultivation in the State of
Tamil Nadu, particularly from these areas. Despite the same, the reporting of
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
narcotic cases from these districts is more, compared to the reporting of
NDPS cases from the other districts.
4. India’s policy in relation to intoxicating substances is anchored in
Article 47 of the Constitution of India, which casts a duty upon the State to
endeavour to bring about prohibition of consumption, except for medicinal
purposes, of intoxicating drinks and drugs injurious to health. The Narcotic
Drugs and Psychotropic Substances Act, 1985, was also enacted in
furtherance of this constitutional mandate. The Act classifies the quantity of
drugs into small, intermediate and commercial in nature and imposes
rigorous punishments. Despite the same, this concentration of cases in these
particular areas is neither incidental nor insignificant and thus, necessitated a
closer judicial scrutiny into the pattern and causes underlying such
proliferation. Therefore, this Court clubbed all the cases, relating to narcotic
offences that originate from these districts and heard them individually.
Individual cases:-
5. Facts:-
5.1. In Crl.MP(MD)No.13485 of 2023, the petitioner was convicted for a
period of 10 years, for the possession of 38.660 kgs of ganja. Of this convicted
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Crl.MP(MD)Nos.13485 of 2023, etc., batchperiod, the petitioner has completed 6 years 4 months in prison.
5.2. In Crl.MP(MD)No.4578 of 2024, the petitioner was convicted for a
period of 10 years, for the possession of 38.660 kgs of ganja. Of this convicted
period, the petitioner has completed 6 years 4 months in prison.
5.3. In Crl.MP(MD)No.5574 of 2025, the petitioner was convicted for a
period of 10 years, for the possession of 123 kgs of ganja, in total. Of this
convicted period, the petitioner has completed 4 years in prison.
5.4. In Crl.MP(MD)No.5896 of 2025, the petitioner was convicted for a
period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 3 years in prison.
5.5. In Crl.MP(MD)No.5918 of 2025, the petitioner was convicted for a
period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 3 years in prison.
5.6. In Crl.MP(MD)Nos.6140, 6157, 6173, 6693, 6710, 15749 of 2025, the
petitioners were convicted for a period of 10 years, for the possession of 240
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Crl.MP(MD)Nos.13485 of 2023, etc., batchkgs of ganja. Of this convicted period, the petitioners have completed nearly
4 years 7 months in prison.
5.7. In Crl.MP(MD)No.6528 of 2025, the petitioner was convicted for a
period of 12 years, for the possession of 75 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.8. In Crl.MP(MD)Nos.7776, 8770, 9374, 9711, 9725, 10362, 10368 and
11214 of 2025, the petitioners were convicted for a period of 10 / 12 years, for
the possession of 36.200 kgs of ganja. Of this convicted period, the petitioners
in Crl.MP(MD)Nos.7776, 9711, 9725 of 2025 have completed nearly 1 year in
prison and the petitioners in Crl.MP(MD)Nos.8770, 9374, 10362, 10386, 11214
of 2025 have completed more than three years in prison.
5.9. In Crl.MP(MD)No.8923 of 2025, the petitioner was convicted for a
period of 12 years, for the possession of 32 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.10. In Crl.MP(MD)No.9652 of 2025, the petitioners were convicted for
a period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
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Crl.MP(MD)Nos.13485 of 2023, etc., batchperiod, the petitioners have completed nearly 3 years in prison.
5.11. In Crl.MP(MD)No.11100 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.12. In Crl.MP(MD)No.11814 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 100 kgs of ganja. Of this convicted
period, the petitioner has completed 2 years 4 months in prison.
5.13. In Crl.MP(MD)No.12425 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.14. In Crl.MP(MD)No.12739 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.15. In Crl.MP(MD)No.13225 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 84 kgs of ganja. Of this convicted
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5.16. In Crl.MP(MD)No.17793 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 52.100 kgs of ganja. Of this
convicted period, the petitioner has completed 1 year in prison.
5.17. In Crl.MP(MD)No.18570 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 78 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 4.5 years in prison.
5.18. In Crl.MP(MD)No.20476 of 2025, the petitioner was convicted for
a period of 10 years, for the possession of 24 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 2 years in prison.
5.19. In Crl.MP(MD)Nos.1218, 6861 of 2026, the petitioners were
convicted for a period of 10 years, for the possession of 24 kgs of ganja. Of
this convicted period, the petitioners have completed more than 2 years in
prison.
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5.20. In Crl.MP(MD)No.1827 of 2026, the petitioner was convicted for a
period of 10 years, for the possession of 21 kgs of ganja. Of this convicted
period, the petitioner has completed more than 2 years in prison.
5.21. In Crl.MP(MD)No.3144 of 2026, the petitioner was convicted for a
period of 14 years, for the possession of 22 kgs of ganja. Of this convicted
period, the petitioner has completed more than 2 years in prison.
5.22. In Crl.MP(MD)No.4815 of 2026, the petitioner was convicted for a
period of 10 years, for the possession of 22.100 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 4 years in prison.
5.23. In Crl.MP(MD)No.4816 of 2026, the petitioner was convicted for a
period of 10 years, for the possession of 22.100 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 4 years in prison.
5.24. In Crl.MP(MD)No.5070 of 2026, the petitioner was convicted for a
period of 10 years, for the possession of 25 kgs of ganja. Of this convicted
period, the petitioner has completed nearly 5 years in prison.
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5.25. In Crl.MP(MD)No.5492 of 2026, the petitioner was convicted for a
period of 10 years, for the possession of 38.660 kgs of ganja. Of this convicted
period, the petitioner has completed 6 years 4 months in prison.
5.26. In Crl.MP(MD)No.7567 & 7570 of 2026, the petitioners were
convicted for a period of 10 years, for the possession of 123 kgs of ganja, in
total. Of this convicted period, the petitioners have completed 4 years in
prison.
Common submissions made on the side of the petitioners:-
6. Learned Counsel appearing for the petitioners, in unison, submitted
that the conviction suffers from serious procedural lapses, including non-
compliance with mandatory provisions under Sections 42, 42(1), 50 & 57 of
NDPS Act. It was further contended that, apart from the alleged confession,
there is no independent material to sustain the conviction.
7. They further contended that there is a delay in sending the
contraband to the trial Court and in sending the samples for chemical
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analysis. The delay has not been explained properly. It was also urged that
the appeals have already been admitted and are not likely to be taken up for
final hearing in the near future, and therefore, continued incarceration would
cause undue prejudice.
Common submissions made on the side of the State:-
8. Per contra, the learned Additional Public Prosecutor submitted that
in most of the cases, the offences involve commercial quantities of
contraband and therefore, attract the rigour of the NDPS Act. In view of the
statutory restrictions, the petitioners are not entitled to suspension of
sentence.
9. It was contended that the alleged procedural lapses are matters to be
examined at the stage of final hearing and cannot be gone into while
considering petitions for suspension of sentence. In this regard, reliance was
made to the orders of the Honourable Supreme Court in Narcotics Control
Bureau v. Kashif, in Criminal Appeal No.5544 of 2024 in Special Leave
Petition (Crl.)No.12120 of 2024, dated 20.12.2024.
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10. Learned Additional Public Prosecutor has also placed before this
Court a compilation indicating the criminal antecedents of certain petitioners
and submitted that such antecedents disentitle them from the discretionary
relief of suspension of sentence. The compilation reads as under:-
Crl.MP(MD) No. of previous Remarks
Nos. cases (Offence relating to)
8770/2025 1 NDPS Act
9725/2025 2 NDPS Act
9374/2025 1 TNG and TNPAct
13485/2023 8 NDPS Act
1 – NDPS Act,
4578/2024 6
5 – IPC offence
1 – NDPS Act,
5896/2025 2
1 – IPC
5918/2025 1 NDPS Act
9652/2025 4 IPC offence
15749/2025 2 IPC offence
1218/2026 1 IPC offence
4815/2026 4 NDPS Act
4816/2026 7 NDPS Act
6 – NDPS Act
5070/2026 8
2 – others
11. Apart from the above submissions, learned Additional Public
Prosecutor has also pointed out that the petitioners in Crl.MP(MD) Nos.9374
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& 8770 of 2025 are the residents of Andhra Pradesh and the petitioner in
Crl.MP(MD) No.12739 of 2025 is the main supplier of ganja and also a
resident of Vishakapattinam.
12. This Court paid it’s anxious considerations to the submissions made
by the respective parties and perused the materials placed on record.
Court’s view:-
13. This Court is conscious of the limitations while considering an
application for suspension of sentence and does not propose to undertake a
detailed re-appreciation of evidence or adjudicate upon the alleged
procedural lapses at this stage. Such issues are undoubtedly matters for final
adjudication in the appeals. However, one crucial aspect cannot be lost sight
of. The appeals in question have already been admitted, and it is a matter of
record that several appeals of earlier years, including those of the year 2017,
are still pending. In such circumstances, the likelihood of these appeals being
taken up for final hearing in the near future appears remote. The right of
appeal would be rendered illusory if the sentence is substantially served
before the appeal is heard.
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14. Insofar as offences involving commercial quantity are concerned,
Section 37 of the NDPS Act imposes stringent conditions for the grant of bail,
requiring that the Public Prosecutor be heard and that the Court be satisfied
that there are reasonable grounds for believing that the accused is not guilty
of such offence and is not likely to commit any offence while on bail. Owing
to these statutory constraints, the petitioners herein were denied bail during
trial and have remained in custody for prolonged periods, in certain cases
extending beyond two to four years.
15. This Court has also taken note of the submission made by the
learned Additional Public Prosecutor regarding the antecedents of certain
petitioners. The existence of criminal antecedents is undoubtedly a relevant
factor while considering the grant of suspension of sentence. However, such
antecedents, by themselves, cannot operate as an absolute bar, especially
when the appeal is pending and not likely to be heard in the near future. At
the same time, this Court is of the view that the said concern can be
adequately addressed by imposing stringent conditions so as to ensure that
the petitioners remain available for the proceedings and do not indulge in
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similar activities. The discretionary relief of suspension of sentence can thus
be balanced with appropriate safeguards.
16. This Court, therefore, deems it appropriate to impose strict
conditions, including the requirement of furnishing Government sureties,
higher quantum of surety amounts, and such other conditions as may be
necessary to secure the presence and conduct of the petitioners during the
pendency of the appeals.
17. Accordingly, the substantive sentence of imprisonment alone is
suspended pending disposal of the criminal appeals and the petitioners are
ordered to be enlarged on bail on the following conditions:-
(i) The petitioners [as detailed in column (a)] shall execute
bonds for a sum of Rupees [as detailed in column (b)] with sureties
[as detailed in column (c)] to the satisfaction of the Courts [as
detailed in column (d)], of the tabulation below.
(ii) The persons, who are offering sureties to the petitioners
must file affidavit of undertaking before the respondent police,
ensuring that the petitioners will not involve in any offence in
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appeal. The petitioners shall also file an affidavit to that effect.
(iii) The petitioners shall report before the respective
respondent police daily at 10.30 a.m, until further orders.
(iv) In the event, if there is any change in address of the
petitioners, the same shall be duly informed to the respondent
police without fail.
(v) If the petitioners violate any of the above conditions, it is
open to the respondent police to file an application to cancel the bail
granted to him.
Condition (i) tabulation:-
Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties –
I Additional Special
Two must be
9374/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
8770/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
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Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties –
I Additional Special
Two must be
9725/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
One must be a
7776/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
9711/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
10362/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
10368/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
11214/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
5492/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
Two One must be a
13485/2023 Court for NDPS Act
Lakhs Government
cases, Madurai.
servant
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Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties – I Additional Special
One must be a Court for NDPS Act
4578/2024 One Lakh
Government cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
5574/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
Two must be
6528/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
II Additional Special
must be
8923/2025 One Lakh Court for NDPS Act
Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
5896/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
5918/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Two Principal Special
must be
9652/2025 Lakhs, Court for NDPS Act
Government
each cases, Madurai.
servants, each
Two sureties –
Principal Special
Two must be
11100/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
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Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties –
Principal Special
Two must be
12425/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
12739/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
20476/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
11814/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties – District and Sessions
Two must be Court for Communal
13225/2025
Lakhs Government Clash cases,
servants Madurai.
Two sureties –
Principal Special
Two must be
6140/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
6157/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
6173/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
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Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties –
Principal Special
Two must be
6693/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
6710/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
Principal Special
Two must be
15749/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
17793/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
18570/2025 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
must be
1218/2026 One Lakh Court for NDPS Act
Government
cases, Madurai.
servants
Two sureties –
II Additional Special
must be
6861/2026 One Lakh Court for NDPS Act
Government
cases, Madurai.
servants
Two sureties –
I Additional Special
must be
1827/2026 One Lakh Court for NDPS Act
Government
cases, Madurai.
servants
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Crl.MP(MD) Amount Government /
Satisfaction Court
Nos. of Surety Normal sureties
[d]
[a] [b] [c]
Two sureties –
I Additional Special
Two must be
3144/2026 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
4815/2026 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
4816/2026 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
Two must be
5070/2026 Court for NDPS Act
Lakhs Government
cases, Madurai.
servants
Two sureties –
I Additional Special
One must be a
7567/2026 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
Two sureties –
I Additional Special
One must be a
7570/2026 One Lakh Court for NDPS Act
Government
cases, Madurai.
servant
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General observations:-
18. Considering the volume of cases under the NDPS Act, that too
involving commercial quantity, from these districts, this Court has taken up
the applications filed by the accused persons from these three districts
separately. In order to understand the large number of cases being reported
from these districts, this Court directed the learned Additional Public
Prosecutor to furnish the details regarding the reporting of cases under the
NDPS Act for the past 10 years in these three districts alone. The details of
the cases furnished by the State is extracted as under:
Madurai and Theni Districts
Madurai Theni Total
S.No Year City District NIB- District NIB-
Police Police CID Police CID 1. 2016 94 97 258 142 227 818 2. 2017 111 174 261 185 225 956 3. 2018 158 190 117 153 189 807 4. 2019 138 345 129 175 120 907 5. 2020 348 327 60 209 53 997 6. 2021 338 245 33 172 45 833 7. 2022 333 245 15 200 45 838 8. 2023 547 160 17 166 22 912 9. 2024 453 394 13 233 17 1110 10. 2025 458 388 16 405 20 1287 39/53
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Crl.MP(MD)Nos.13485 of 2023, etc., batchMadurai Theni Total
S.No Year City District NIB- District NIB-
Police Police CID Police CID
11. 2026 72 73 7 220 5 377
(up-to
March)
Total 3050 2638 926 2260 968 9842
Dindigul District:
S.No 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total
1. 136 107 112 126 178 226 170 91 306 407 88 1947
19. The quantity of ganja involved and recovered from these three
districts alone is around 5603.515 kg. The above tabular column reveals not
less than 12,000 cases filed under the NDPS Act were reported in the past 10
years from these three districts alone. Approximately more than 50 percent of
the NDPS cases being reported from Tamil Nadu are arising out of these
districts. These are only the reported figures. It is not known as to how many
cases are unreported. This is indicative of a deeply entrenched and organised
drug trafficking network operating in these regions.
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20. When this Court verified as to the reason for the huge reporting of
cases under the NDPS Act from these districts, the learned Additional Public
Prosecutor and some of the learned Counsel appearing for the petitioners
have stated that the cultivation of ganja has stopped in the State of Tamil
Nadu, however, cultivation of the same is being continued by the same
accused by taking lands on lease in other States such as Andhra Pradesh,
Telangana and Odisha and are transporting the same into the State of Tamil
Nadu.
21. On a closer look, it is seen that the City and District police have
registered more number of cases than the NIB-CID. The NIB-CID is a
specialised agency established to deal with the narcotic offences exclusively
and to gather intelligence and take focused actions on the manufacturing and
trafficking of narcotic and psychotropic substances. However, the volume of
cases registered by the local police is far more than the cases registered by the
NIB-CID. A specialised agency such as the NIB-CID cannot be expected to
discharge its mandate unless it is adequately staffed, equipped and
financially empowered. Hence, this Court has also verified with regard to the
strength of the police officers deployed in this specialised wing.
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22. It appears that this wing is having 12 Deputy Superintendents of
Police, 16 Inspectors, 17 Sub Inspectors of Police and 126 other officials for
the entire State. Districts like Madurai, Dindigul and Theni, where the
concentration of cases is high, are treated at par with the other districts with
only 1 Deputy Superintendent of Police, 1 Inspector of Police and 1 Sub-
Inspector of Police allotted to these districts. Therefore, the difficulties
expressed by the NIB-CID is also reasonable to some extent.
23. The Government of Tamil Nadu claims it is adopting a zero
tolerance policy towards drug trafficking and abuse. The learned Additional
Public Prosecutor submitted that the Government of Tamil Nadu is
committed to eradicate drugs from the State and they are taking various
steps such as issuance of drug awareness manual and various circulars
issued by the Director General of Police and the Home Department in
establishing malkhanas and mechanisms for the disposal of drugs. This
Court has recognized the same and in fact, placed its appreciation in
Crl.OP(MD)No.1607 of 2021 etc., batch, dated 02.11.2021. However, the
movement of ganja and the reporting of cases under the NDPS Act in these
three districts is alarming and needs to be addressed immediately. The
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specialised forces in these districts is not adequate and therefore, they cannot
be effective in undertaking enforcement measures.
24. This Court has also noticed that in all these cases and even in the
other cases, the investigation agencies are concentrating only on arrest and
seizure of contraband and thereafter, they are not conducting any
investigation to find out the source from where the huge quantity of ganja is
being procured and trafficked into Tamil Nadu. Similarly, there is no
investigation to find out the financial background of the crime. In fact, the
Policy Note for the Excise and Prohibition Department for the year 2023-24
reveals that financial investigation under Chapter V-A of the NDPS Act was
initiated only in 72 cases filed against the narcotic offenders and the total
property seized is only worth Rs.17.87 crores in value. The failure to
investigate and dismantle the financial architecture of such networks renders
the investigation superficial, incomplete and is also against the statutory
mandate under the NDPS Act.
25. To be noted, the NDPS Act, under Chapter V-A, provides a
comprehensive framework for identification, tracing, attachment, and
forfeiture of illegally acquired property. The applicability of this framework
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extends to offenders, absconders, and their associates, including relatives and
holders of tainted properties, subject to limited exceptions. The expression
“illegally acquired property” is defined in wide and inclusive terms,
encompassing assets derived directly or indirectly from illicit activities,
including those whose lawful source cannot be satisfactorily explained. The
statute imposes an absolute prohibition on holding such property and
mandates its forfeiture to the Central Government. It further confers powers
upon the authorities to trace, investigate, and identify such assets, and to
seize or freeze them where there exists a likelihood of concealment or
dissipation, with the burden of proof resting upon the person concerned. An
appellate mechanism is provided, civil court jurisdiction is expressly barred,
and inter-agency assistance is made mandatory.
26. Despite this robust statutory framework, it is evident that these
provisions are seldom invoked in practice. This Court is constrained to
observe that such omission defeats the very object of the enactment. An
investigation under the NDPS Act which ignores the financial dimension of
the offence cannot be regarded as complete.
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27. This Court has taken all these applications together and disposed
the same by this common order in order to highlight the volume of offences
in these districts and remedial measures to be taken to zero down the
offences in Madurai, Theni and Dindigul districts (emphasis supplied). Only
during the course of hearing, this Court found that those persons, who have
cultivated ganja in Tamil Nadu previously, are now cultivating the same in
Andhra Pradesh, Telangana and Odisha, etc and are transporting it to the
State of Tamilnadu.
28. It is also clear that the existing forces in the NIB–CID may not be
sufficient to curb this menace. It is reported that ganja is transported in
different transport modes including trains and buses from neighboring
States. This can be prevented only by conducting frisking operations
periodically and therefore, this Court is of the opinion that the NIB – CID
should be permitted to use Tamil Nadu Special Police Battalion forces to
conduct frisking operations on buses and trains in the prone areas.
29. This Court also finds that there exists a structural gap in
coordination between the regular police and specialised agencies such as
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NIB-CID. In particular, cases registered under the NDPS Act are not being
systematically brought to the notice of NIB-CID units in real time, thereby
depriving the system of specialised oversight and intelligence-based
intervention.
30. Further, this Court is of the opinion that the present enforcement
mechanism of the NDPS Act is largely seizure-centric and does not
sufficiently address the organised networks and financial dimensions of drug
trafficking. The absence of consistent financial investigation, inadequate
utilisation of the statutory framework under Chapter V-A of the NDPS Act,
and the lack of an integrated data and intelligence mechanism have resulted
in a fragmented enforcement approach.
31. Moreover, the evolving nature of drug trafficking, including inter-
State linkages, the use of transit routes such as railways, and the increasing
role of digital communication, necessitates a shift from conventional methods
of investigation to a coordinated, technology-driven, and intelligence-led
approach. An enforcement mechanism that is only re-active and fragmented
cannot effectively combat a crime that is organised and adaptive. This Court
is therefore of the considered view that unless structural reforms are
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introduced in investigation, data integration, inter-agency coordination, and
institutional capacity, the object of the NDPS Act cannot be effectively
achieved.
32. Keeping the above discussions in mind, this Court issues the
following suggestions:
(i) The investigation in all cases under the NDPS Act shall
mandatorily include financial investigation into the proceeds of crime
and the forfeiture of illegal properties under Chapter V-A of the NDPS
Act, and shall not be confined merely to seizure and arrest. Further, such
financial investigation shall extend to both commercial and intermediate
quantity of narcotic and psychotropic substances. Therefore, the
authorities shall, in appropriate cases, initiate proceedings under
Chapter V-A of the NDPS Act for the identification, attachment, and
forfeiture of illegally acquired properties.
(ii) The Director General of Police [HoPF], Tamil Nadu, shall issue
comprehensive standing instructions mandating financial profiling of
accused persons, systematic asset tracing, and effective coordination
with banks and financial institutions.
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(iii) The State shall strengthen specialised agencies such as NIB-
CID by filling vacancies on priority, augmenting sanctioned strength
commensurate with workload, and ensuring that adequately equipped
and functional units are established across districts and major urban
centres. Further, the NIB – CID is lacking cyber cells to monitor and track
such activities and they are relying on the other agencies for this
purpose. Hence, action is required in this area on the part of the State
Government to provide dedicated manpower for intelligence processing
and tracking the online networks of drug traffickers.
(iv) A structured coordination mechanism shall be developed with
the Village Administrative Officers in the districts of Madurai, Theni,
and Dindigul in respect of accused persons hailing from these districts
but residing in States such as Andhra Pradesh, Telangana, and Odisha.
A comprehensive database shall be created, and their movements shall
be kept under continuous watch, in accordance with law.
(v) A dedicated dashboard for the NIB-CID reflecting the number
of cases registered and status of investigations shall be designed by the
State Crime Records Bureau. Further, a separate platform shall be
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
created within the CCTNS platform to enable real-time access to case
data, accused details, and investigation status of NDPS cases across the
State.
(vi) Every case registered under the NDPS Act by any police
station shall be automatically and contemporaneously reflected in the
CCTNS system and brought to the notice of the jurisdictional NIB-CID
unit, so as to ensure coordinated monitoring, intelligence sharing, and
appropriate intervention.
(vii) The law enforcement agencies in the State shall strengthen
inter-State coordination with law enforcement agencies of neighbouring
and source States through structured intelligence-sharing mechanisms,
and shall also enhance surveillance and interception, particularly along
transit routes, including railway corridors.
33. The efficacy of the NDPS regime lies not merely in enforcement, but
in the ability of the system to anticipate, coordinate, and dismantle the
structures that sustain the offence. This Court makes it unequivocally clear
that a mere seizure-and-arrest approach will not suffice to combat the
menace of drug trafficking. Unless the economic foundations of such criminal
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
activity are dismantled, the enforcement efforts will remain ineffective and
the aim of a drugs free society cannot be achieved. This Court hopes that the
State implements the above suggestions in both letter and spirit.
34. This Court also places on record its appreciation for the valuable
assistance rendered by Mr.T.Senthil Kumar, learned Additional Public
Prosecutor, Mr.Deenadayalan, learned Counsel, Mr.Jagdish Pandian, learned
Counsel and also Mr.N.Mathivanan, Superintendent of Police, NIB – CID.
In fine, all the criminal miscellaneous petitions stand disposed of.
Internet : Yes 30.04.2026
vrn / ogy / gk
To
1.The Inspector of Police,
NIBCID Police Station,
Madurai District.
2.The Inspector of Police,
Cumbum North Police Station,
Cumbum,
Theni District.
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3.The Inspector of Police,
Usilampatti Town P.S.
Madurai District.
4.The Inspector of Police,
NIBCID,
Dindigul District.
5.The Inspector of Police,
Dhadikombu Police Station,
Dindigul District.
6.The Inspector of Police,
Sedapatti Police Station,
Madurai District.
7.The Inspector of Police,
NIB CID Theni P.S.
Theni District.
8.The Inspector of Police,
Odaipatti Police Station,
Theni District.
9.The Inspector Of Police,
Checkanurani Police Station,
Madurai District.
10.The Inspector of Police,
Checkkanruani Police Station,
Madurai District.
11.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
12.The Judge,
I Additional Special Court for NDPS Act cases,
Madurai.
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13.The Judge,
II Additional Special Court for NDPS Act cases,
Madurai.
14.The Judge,
Principal Special Court for NDPS Act cases,
Madurai.
15.The Judge,
District and Sessions Court for Communal Clash cases,
Madurai.
16.The Superintendent,
Central Prison / Special Prison for Women,
Madurai.
17.The Superintendent,
Central Prison,
Trichy / Palayamkottai / Visakapattinam.
Note:
Mark a copy of this order to
1. The Chief Secretary, Government of Tamil Nadu, Chennai.
2. The Secretary to Government, Home Department, Chennai.
3. The Secretary to Government, Revenue Department, Chennai.
4. The Secretary – I to Hon’ble Chief Minister, Government of Tamil
Nadu, Chennai.
5. The Director General of Police [HoPF], Chennai.
6. The Director, Tamil Nadu Police Academy, Chennai.
7. The Inspector General of Police, State Crime Records Bureau, Chennai.
8. The Superintendent of Police, NIB CID, Chennai.
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Crl.MP(MD)Nos.13485 of 2023, etc., batch
B.PUGALENDHI, J.
gk
Crl.MP.(MD)Nos.13485 of 2023; 4578 of 2024;
5574, 5896, 5918, 6140, 6157, 6173, 6528, 6693, 6710, 7776, 8770, 8923, 9374,
9652, 9711, 9725, 10362, 10368, 11100, 11214, 11814, 12425, 12739, 13225,
15749, 17793, 18570, 20476 of 2025;
1218, 1827, 3144, 4815, 4816, 5070, 5492, 6861, 7567, 7570 of 2026
30.04.2026
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