Madras HC Denies Bail to Man Held with 55 Grams of Methamphetamine
The Madras High Court has dismissed the bail plea of an accused person arrested in a narcotics case, ruling that courts can deny bail even after one year of incarceration if there are reasonable grounds to believe the accused could be guilty. Justice N. Ramesh held that an accused person's right to a speedy trial must be read alongside and not in displacement of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The ruling came on a petition filed by Muneer Sheik, who was arrested along with co-accused Javeed by the Manavala Nagar police in Tiruvallur district on October 14, 2025. The police had seized 55 grams of methamphetamine, a central nervous system stimulant, from their possession. The seized contraband was subsequently sent to the Forensic Sciences Department, which confirmed that the substance was indeed methamphetamine.
During police inquiry, the accused reportedly stated that they had procured 45 grams of the stimulant from a Nigerian national and the remaining 10 grams from an absconding accused identified as Kayum Bhai from Dharavi in Mumbai.
Opposing the bail plea, Government Advocate (criminal side) M.M.I. Khaleel submitted that the police had already completed the investigation and filed a charge sheet against the accused before a special court for NDPS Act cases in Chennai. The petitioner's counsel had sought relief primarily citing the long duration of incarceration.
Justice Ramesh observed that any quantity above 50 grams is categorized as a commercial quantity under the NDPS Act. Consequently, if convicted under Section 22(c), the petitioner faces rigorous imprisonment of not less than 10 years, which may extend up to 20 years.
The court emphasized that Section 37 makes every offence punishable under the Act cognisable and prohibits the release of an accused on bail without hearing the public prosecutor. Furthermore, under Section 37(1)(b)(ii), when the public prosecutor opposes the application, the court must be satisfied that there are reasonable grounds for believing the accused is not guilty and not likely to commit any offence while out on bail.
Concluding that the period of custody undergone did not outweigh the statutory bar under Section 37, Justice Ramesh stated he was not satisfied that reasonable grounds existed to believe the petitioner was not guilty, and formally rejected the petition.
