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1/7 CRL.RC.No.2860 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

CRL.RC.No.2860 of 2025

P.Sundara Kumaravel … Petitioner

vs.

State Rep.by,

The Inspector of Police,

H-8, Thiruvottiyur Police Station,

Chennai. … Respondent

PRAYER: This Criminal Revision Case filed under Section 438 r/w 442

of BNSS to set aside the order of dismissal passed by the learned

Principal Special Judge Under EC & NDPS Act at Chennai in the petition

filed u/s 187(3) of BNSS in Crl.M.P.No.7526 of 2025 in Cr.No.1077 of

2025 (on the file of the respondent) and enlarge the petitioner on bail.

For Petitioner … Mr.R.C.Paul Kanagaraj

For Respondent … Mr.Dr.C.E.Pratap

Govt. Advocate (Crl.Side)

ORDER

This revision challenges the dismissal of the petition filed under

Section 187 (3) of BNSS corresponding to Section 167 (2) Cr.P.C. by an

order dated 17.12.2025, passed in Crl.M.P.No.7526 of 2025.

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2/7 CRL.RC.No.2860 of 2025

2.The petitioner was arrested on 27.09.2025 in Crime No.1077 of

2025 for the offences under Section 8 (c) r/w 22 (b) of the NDPS Act,

1985, under Sections 18 (c) and 27A(1) of the Drugs & Cosmetics Act,

1940 and under Sections 238, 276 and 277 of BNS, 2023.

3.The gist of the allegation against the petitioner is that the

petitioner who is dealer of pharmaceutical drugs was found in possession

of certain drugs without manufacturing and expiry dates and that those

drugs, viz., Alprazolam, Tapentadol, Diazepam, Nitrazepam, Zolpidem,

etc., were also banned drugs under the NDPS Act and thus committed the

aforesaid offences.

4.The petitioner filed a petition for bail on 02.12.2025, after the

expiry of 60 days, as according to the petitioner, the final report ought to

have been filed within 60 days for the offences charged against him in the

FIR. The learned Judge, dismissed the petition on 17.12.2025 on the

ground that the respondent filed an alteration report on 15.12.2025,

altering the offences to Section 8 (c) r/w 22 (c) of the NDPS Act, 1985,

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3/7 CRL.RC.No.2860 of 2025

thereby accusing the petitioner of possession of commercial quantity of

drugs under the NDPS Act and that the statutory period for filing final

report is 180 days and therefore, the petitioner is not entitled to bail.

5.Mr.R.C.Paul Kanagaraj, learned counsel for the petitioner would

submit that the petitioner was originally charged only for the offences

under Section 8 (c) r/w 22 (b) of the NDPS Act, 1985, under Sections 18

(c) and 27A(1) of the Drugs & Cosmetics Act, 1940 and under Sections

238, 276 and 277 of BNS, 2023; that the final report ought to have been

filed within a period of 60 days, but the final report, admittedly, was not

filed within 60 days; that the alteration report was also not filed within 60

days and that therefore, the learned Judge ought to have granted bail on

the very day of the filing of the petition since the petitioner was willing to

furnish bail.

6.The learned Government Advocate (Crl.Side) per contra

submitted that though the respondent had not filed the alteration report

before the 60^th day, the respondent, during the course of investigation,

found that the petitioner had committed the offence under Section 8 (c)

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4/7 CRL.RC.No.2860 of 2025

r/w 22 (c) of the NDPS Act, therefore, the impugned order passed by the

learned Principal Special Judge cannot be faulted and the respondent

therefore have 180 days time to file the final report.

7.Admittedly, the offences for which the petitioner was charged

were under Section 8 (c) r/w 22 (b) of the NDPS Act, 1985, under

Sections 18 (c) and 27A(1) of the Drugs & Cosmetics Act, 1940 and

under Sections 238, 276 and 277 of BNS, 2023. The respondent ought to

have filed the final report within 60 days. The period of 60 days ended

on 26.11.2025. The petitioner ha