Synopsis

The petitioner (4th accused) was arrested along with three other accused persons for alleged possession of methamphetamine. While the first accused was found with 61.14 grams (commercial quantity), the petitioner was found with only 3.22 grams (intermediate quantity). All recoveries were made under separate search memos. The prosecution argued that since all accused travelled together and conspired, the total contraband of 71.87 grams (commercial quantity) attracted the rigour of Section 37 of the NDPS Act, making bail difficult. The Madras High Court held that when recoveries are effected under different search memos from different individuals, the quantity must be counted individually and not jointly. Since the petitioner possessed only intermediate quantity, had no previous criminal antecedents, and the initial search indicated consumption rather than sale, bail was granted with conditions. The court distinguished the case from those where contraband is recovered from joint possession (e.g., from a common vehicle without individual allocation).

Court: High Court of Judicature at Madras

Coram: Justice C. Kumarappan

Date of Judgment: 9th April 2026

Citation: 2026:MHC:1426

Core Law: Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 8(c), 22(c), 29(1), 37); Code of Criminal Procedure, 1973 (Section 439); Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 483)

2. Legal Framework

Major laws and provisions involved

• Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c) (prohibition of certain operations), 22(c) (punishment for possession of methamphetamine), 29(1) (abetment and criminal conspiracy), 37 (offences to be cognizable and non‑bailable – rigour for commercial quantity)

• Code of Criminal Procedure, 1973 – Section 439 (special powers of High Court regarding bail)

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 (saving of inherent powers of High Court)

Key legal principles applied

• Individual possession vs joint possession: When contraband is recovered from multiple accused under separate search memos, the quantity recovered from each accused must be counted individually. The total quantity cannot be clubbed to attract the commercial quantity threshold for the purpose of Section 37 NDPS Act.

• Commercial quantity threshold for methamphetamine: As per the Notification S.

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