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Judgment
This Criminal Original Petition has been filed challenging the return docket order dated 22.09.2026 passed in Crl.M.P.No.6092 of 2026 by the learned Principal Special Judge for EC and NDPS Act, Chennai, and consequently seeking a direction to entertain the bail petition filed by the petitioner.
Heard the learned counsel appearing on either side and perused the materials available on record.
A perusal of the records reveals that the FIR has been registered in Crime No.584 of 2026 for the offences under Sections 8(c) read with 20(b)(ii) (A), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 123 of Bharatiya Nyaya Sanhita, 2023, in which the petitioner is arrayed as A1, on the allegations that he was found in possession of a small quantity of drugs. Therefore, the petitioner filed a petition seeking bail before the Principal Special Judge for EC and NDPS Act, Chennai. However, the said application was returned with a direction to the petitioner to file the bail petition before the concerned jurisdictional Magistrate Court. Hence, the present petition has been filed.
Admittedly, Section 123 of BNS, 2023, is triable by the Court of Sessions. Therefore, the learned Principal Special Judge for EC and NDPS Act, Chennai, has got jurisdiction to entertain the bail application filed by the petitioner. That apart, the co-accused had also filed a bail petition in the very same Crime No.584 of 2026 in Crl.M.P.No.4085 of 2026 and the Trial Court, by order dated 05.10.2026, granted bail to the co-accused. Therefore the return docket order passed by the Trial Court is liable to be set aside.
Accordingly, the return docket order dated 22.09.2026 passed in Crl.M.P.No.6092 of 2026 by the learned Principal Special Judge for EC and NDPS Act, Chennai, is hereby set aside. The learned Principal Special Judge for EC and NDPS Act, Chennai, is directed to entertain the bail application filed by petitioner and dispose of the same on merits and in accordance with law.
In the result, this Criminal Original Petition stands allowed.