Madras High Court · 2025

Crl.O.P.No.8322 of 2025ORDERThe petitioner/A3 remanded to judicial custody on 28.11.2024 in connection with C.C.No.536 of 2024 for offence under Sections 8(c) r/w 12, 21(c), 22(c), 23(c), 28 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of the II Additional Special Judge, Special Court for EC & NDPS Act, Chennai, seeks bail.2.The case is that based on specific information, the officers of Narcotic Control Bureau, Chennai Zonal Unit seized 2 kgs of methamphetamine at Room No.109, Hotel White Palace, Mannadi, Chennai on 10.12.2023 from the possession of A1, a Srilankan National under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 as amended (In short 'the Act'). Based on the summon, A1 appeared before the Investigating Officer and tender his voluntary statement admitting that the seized methamphetamine was handed over to him by A2 who was residing at Naaz Apartment, Perambur, Chennai. Accordingly, A1 was arrested and produced before the learned Special Judge for EC and NDPS Act, Chennai on 12.12.2023 and lodged in Central Prison, Puzhal on the same day. On Page No.2 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025follow up action, A2 was summoned on 13.12.2023 and he appeared before the seizing officer and tender his admission on 13.12.2023. Based on his admission dated 13.12.2023 and 14.12.2023 incriminating documents and material objects seized. Thereafter, A2 was arrested on 14.12.2023 and remanded to judicial custody on 15.12.2023. During investigation, the list of relatives and known persons of the then absconding accused/petitioner were collected by the Investigating Officer and scrutinized. In follow up, summon dated 19.12.2023 under Section 67 of the Act was issued to one Venkatesh who is an acting Driver for the petitioner to know the petitioner's whereabouts. During statement, Venkatesh revealed that the petitioner, a resident of Krishnasamy Pillai Street, Balamurugan Nagar, Attanthangal, Sholavaram, Tiruvallur has concealed 6 Nos. of white colour plastic sealed buckets which are very costly at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and the petitioner further told Venkatesh that bucket contains shrimp nutritional food. Subsequently the said place was searched by NCB Chennai and recovered 54.600 kgs of methamphetamine, a psychotropic substance covered under the Act.Page No.3 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 20253.The contention of the learned counsel for the petitioner is that in this case, initially A1 & A2 were arrested on 10.12.2023 & 14.12.2023 for possession of 2 kgs of methamphetamine and they gave confession statements. On verifying call records of A2, it is found that A2 was in touch with the petitioner and the petitioner was in touch with one Venkatesh regularly. Thereafter, summon issued to Venkatesh, who appeared and informed that he is an Auto Driver and used to do acting driver work as and when called by the petitioner. Further, Venkatesh on 19.12.2023 gave 67 statement in which he stated that he found shrimp foods in the petitioner's car dickey and the petitioner informed that these are costly materials which are now kept at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai. On the disclosure, the buckets recovered, from the buckets, 54.600 kgs of methamphetamine found and seized. The petitioner apprehending physical assault and torture, not immediately responded to the summons. In fact petitioner obtaining legal advice, surrendered before the lower Court voluntarily. This being so the respondent now projected a case that the petitioner is the main person who supplied huge quantity of methamphetamine to other accused.Page No.4 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 20254.The learned counsel for the petitioner further submitted that admittedly, from the petitioner, there was no recovery, but the telephonic conversation between petitioner and Venkatesh and with A2, projected against the petitioner. Mere collecting call details without contents of conversation and any other materials, nothing can be attributed against the petitioner. The petitioner arrayed as accused merely on presumption and assumption. The petitioner not responded to the summon is only on apprehension that he would be brutally attacked since the petitioner had such experience of false implication in Crime No.236 of 2024 (C.C.No.876 of 2024) which was investigated by Ambattur Police. In that case, the petitioner was granted bail by this Court on 05.03.2025 in Crl.O.P.No.5226 of 2025 wherein this Court observed there is no seizure or recovery from the petitioner. For the point of non seizure or recovery, the learned counsel for the petitioner relied on the decision of the Hon'ble Apex Court in Sikandar v. State of Gujarat reported in MANU/SCOR/19812/2024. Further, the petitioner placed reliance on the decision of the Hon'ble Apex Court in Union of India v. Mohammed Afzal reported in 2022 2 Supreme 409 wherein it is held that statement under Section 67 of the Act cannot be taken Page No.5 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025in evidence except for limited purpose of showing recovery and further the CDR details among the accused is a matter to be decided during trial and cannot be taken as prima facie evidence. For the point that the petitioner's involvement in another NDPS case would not be a bar under Section 37 of the Act, when there is no recovery of the contraband from the petitioner, the learned counsel for the petitioner relied on the decisions of Hon'ble Apex Court in Khairul SK v. The State of West Bengal in Special Leave to Appeal (Crl.) No(s).13282/2023 and Vijay Singh v. The State of Haryana in Special Leave to Appeal (Crl.) No(s).1266/2023.5.Making the above submissions and relying upon the above decisions, the learned counsel for the petitioner prays for bail.6.The learned Special Public Prosecutor appearing for the respondent filed counter and strongly objected the petitioner's contention stating that in this case, initially 2 kgs of methamphetamine seized at Room No.109, Hotel White Palace, Mannadi, Chennai from the possession of A1, a Srilankan national who in his statement confirmed that methamphetamine was handed Page No.6 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025over by A2. On such disclosure, A2 summoned, appeared and both A1 and A2 arrested and remanded on 12.12.2023 & 15.12.2023 respectively. During investigation of materials and statements collected, it was found the petitioner was in constant touch with one Venkatesh and A2. The said Venkatesh summoned on 19.12.2023, he appeared and disclosed about the petitioner transporting 6 Nos. of white colour plastic sealed buckets with same size labelled as AQUA MIN, MICRO & MACRO MINERAL DOSAGE: 10kg PER ACERA. On his disclosure, in presence of witnesses, the NCB Team conducted search at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, recovered the containers and found that in the containers white colour powder were packed and sealed in a plastic cover. On opening, white crystalline substance from the buckets tested using test kit which answered methamphetamine, a psychotropic substance covered under the Act. Under the mahazar, the contraband seized, thereafter forwarded to the Officer-In-Charge of NCB Godown. The total seizure is 54.600 kgs of methamphetamine, the samples were drawn following the procedure and forwarded to forensic examination which confirmed the samples is a banned Page No.7 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025psychotropic substance. 7.It is further submitted that Venkatesh gave 67 statement on 19.12.2023 and 20.12.2023, identifying and confirming the contraband was in possession of petitioner. Thereafter, summon sent to the petitioner, the petitioner's wife Suganya received summon and informed that after 10.12.2023, the petitioner's whereabouts not known to her. The statement of Venkatesh confirms that on 10.12.2023, the petitioner called him through mobile phone and informed that he concealed 6 Nos. of white colour plastic sealed buckets at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and informed that he will return after 20-25 days, thereafter instructions will be given to him what to do with the buckets and switched off his mobile. 8.He further submitted that the petitioner's wife served with summon, appeared and gave statement confirming that she had no information of her husband after 10.12.2023 which clearly shows the petitioner absconded. Had the petitioner got nothing to do with seizure of contraband, he could Page No.8 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025have very well appeared before the Investigating Officer and given his explanation. It is seen that the petitioner was not arrayed as accused merely on assumption and presumption, only on the admission of A2 and Venkatesh, he is arrayed as accused. Further to it, a huge quantity of contraband seized on the disclosure facts of Venkatesh. The call details collected between petitioner and A2 during relevant period and the tower location confirms the petitioner's constant touch with A2. On the instructions of petitioner, A2 delivered the contraband to A1 and further the petitioner instructed his acting Driver Venkatesh the concealment of contraband at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur and informed him to deal with it after getting his instructions. 9.He further submitted that the petitioner involved in a similar case in Crime No.236 of 2024 (C.C.No.876 of 2024) which was investigated by Ambattur Police. Added to it, since the respondent's financial investigation under Section 68-E of the Act proves that the petitioner had spent huge sums of money, purchased movable and immovable property through drug Page No.9 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025trafficking/selling of drugs, the respondent issued freezing order under Section 68F(1) of the Act attaching the assets of the petitioner. Further, the competent authority SAFEM(FOP)A & NDPSA confirmed the order of freezing under Section 68F(2) of the Act on 24.01.2025. On coming to know the completion of investigation and filing of complaint before the trial Court, the petitioner surrendered on 28.11.2024 before the trial Court. The decision relied upon by the learned counsel for the petitioner is not applicable to the facts and circumstances of the present case. In this case, the petitioner's disclosure of fact to his Driver about concealment of contraband of 54.600 kgs of methamphetamine at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai leads to recovery. The petitioner's active role in the earlier seizure of contraband on 10.12.2023 & 19.12.2023 and other facts, are confirmed from the statement of A2. He further submitted that in the case of Tofan Singh v. State of Tamil Nadu reported in (2021) 4 SCC 1 case, the Hon'ble Apex Court had held that 67 statement of an accused person can be considered to the limited extent of disclosure and recovery. As far as this case is concerned, the acting Driver Venkatesh to whom the petitioner had Page No.10 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025disclosed vital facts, is not an accused, hence statement of Venkatesh is admissible in full. The learned Special Public Prosecutor fairly submitted that by oversight Venkatesh not cited as witness, his statement already available sent to the Court without delay on 21.12.2023 itself. If required Venkatesh would be examined as witness during trial. In view of the above, there are sufficient materials and evidence against the petitioner to proceed. From the conduct of the petitioner and facts of the case, the petitioner is unable to get over the rigour of Section 37 of NDPS Act. Hence, strongly opposed for bail.10.Considering the rival submissions and on perusal of the materials, it is seen that in this case, there are two seizures. The first seizure of 2 kgs of methamphetamine was on 10.12.2023 at Room No.109, Hotel White Palace, Mannadi, Chennai from A1. Thereafter, A1 arrested, gave statement disclosing sourcing of contraband through A2. Then, summon served to A2, who appeared and gave statement confirming the facts. On his disclosure, it is found the petitioner is the person who handed over methamphetamine to A2 and further A2 disclosed contact details of petitioner. The call details of Page No.11 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025A1, A2 and petitioner/A3 confirms the petitioner's constant touch with A2 as well as Venkatesh in drug trafficking/selling of drugs, summons sent to Venkatesh who appeared on 19.12.2023 gave statement that he is an Auto Driver and used to do acting driver work as and when called by the petitioner. Venkatesh further stated that the petitioner came to his house by car and in the car dickey, he found 6 Nos. of white colour sealed plastic buckets, when he enquired petitioner informed all the buckets costly and high valued articles. He further stated that on 11.10.2023, the petitioner called him and informed that he concealed 6 Nos. of white colour buckets at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and informed to keep a watch and he would instruct him to deal with at a later point of time and he will not be available for 20-25 days and switched off the mobile. On this disclosure by Venkatesh, the respondent seized the contraband at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai. This is the second seizure. The said Venkatesh confirmed that earlier he saw the contraband in the car of the petitioner and identified the petitioner and gave his details. Thereafter, summon sent to the petitioner's Page No.12 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025old address and new address, but not responsed. Then, summon sent to the petitioner's wife Suganya who appeared, gave statement that after 10.12.2023, the petitioner had not come home and unable to be contacted. This confirms petitioner absconding himself. After filing of the complaint before trial Court, the petitioner surrendered before the trial Court on 28.11.2024. Had the petitioner not involved in trafficking of drugs, he could have appeared before the respondent and give his explanation.11.It is to be noted that the respondent conducted financial investigation under Section 68-E of the Act and issued order under Section 68F(1) of the Act freezing the movable and immovable properties purchased by the petitioner using the money gained through drug trafficking/selling of drugs. Further, the competent authority SAFEM(FOP)A & NDPSA has confirmed the order of freezing under Section 68F(2) of the Act on 24.01.2025.12.From the above facts, it is clear that there are sufficient materials to proceed with the trial against the petitioner and the seizure of contraband Page No.13 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025on two occasions is of huge quantity. The points raised by the petitioner are not sustainable for grant of bail to the petitioner since there are incriminating materials against the petitioner.13.In view of the above, this Court is not inclined to grant bail to the petitioner. This Criminal Original Petition is accordingly dismissed.09.07.2025vv2To1.The II Additional Special Judge, Special Court for EC & NDPS Act, Chennai. 2.The Junior Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai.3.The Special Public Prosecutor, Madras High Court.Page No.14 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025M.NIRMAL KUMAR, J.vv2Crl.O.P.No.8322 of 202509.07.2025 Page No.15 of 15

Crl.O.P.No.8322 of 2025ORDERThe petitioner/A3 remanded to judicial custody on 28.11.2024 in connection with C.C.No.536 of 2024 for offence under Sections 8(c) r/w 12, 21(c), 22(c), 23(c), 28 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of the II Additional Special Judge, Special Court for EC & NDPS Act, Chennai, seeks bail.2.The case is that based on specific information, the officers of Narcotic Control Bureau, Chennai Zonal Unit seized 2 kgs of methamphetamine at Room No.109, Hotel White Palace, Mannadi, Chennai on 10.12.2023 from the possession of A1, a Srilankan National under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 as amended (In short 'the Act'). Based on the summon, A1 appeared before the Investigating Officer and tender his voluntary statement admitting that the seized methamphetamine was handed over to him by A2 who was residing at Naaz Apartment, Perambur, Chennai. Accordingly, A1 was arrested and produced before the learned Special Judge for EC and NDPS Act, Chennai on 12.12.2023 and lodged in Central Prison, Puzhal on the same day. On Page No.2 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025follow up action, A2 was summoned on 13.12.2023 and he appeared before the seizing officer and tender his admission on 13.12.2023. Based on his admission dated 13.12.2023 and 14.12.2023 incriminating documents and material objects seized. Thereafter, A2 was arrested on 14.12.2023 and remanded to judicial custody on 15.12.2023. During investigation, the list of relatives and known persons of the then absconding accused/petitioner were collected by the Investigating Officer and scrutinized. In follow up, summon dated 19.12.2023 under Section 67 of the Act was issued to one Venkatesh who is an acting Driver for the petitioner to know the petitioner's whereabouts. During statement, Venkatesh revealed that the petitioner, a resident of Krishnasamy Pillai Street, Balamurugan Nagar, Attanthangal, Sholavaram, Tiruvallur has concealed 6 Nos. of white colour plastic sealed buckets which are very costly at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and the petitioner further told Venkatesh that bucket contains shrimp nutritional food. Subsequently the said place was searched by NCB Chennai and recovered 54.600 kgs of methamphetamine, a psychotropic substance covered under the Act.Page No.3 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 20253.The contention of the learned counsel for the petitioner is that in this case, initially A1 & A2 were arrested on 10.12.2023 & 14.12.2023 for possession of 2 kgs of methamphetamine and they gave confession statements. On verifying call records of A2, it is found that A2 was in touch with the petitioner and the petitioner was in touch with one Venkatesh regularly. Thereafter, summon issued to Venkatesh, who appeared and informed that he is an Auto Driver and used to do acting driver work as and when called by the petitioner. Further, Venkatesh on 19.12.2023 gave 67 statement in which he stated that he found shrimp foods in the petitioner's car dickey and the petitioner informed that these are costly materials which are now kept at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai. On the disclosure, the buckets recovered, from the buckets, 54.600 kgs of methamphetamine found and seized. The petitioner apprehending physical assault and torture, not immediately responded to the summons. In fact petitioner obtaining legal advice, surrendered before the lower Court voluntarily. This being so the respondent now projected a case that the petitioner is the main person who supplied huge quantity of methamphetamine to other accused.Page No.4 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 20254.The learned counsel for the petitioner further submitted that admittedly, from the petitioner, there was no recovery, but the telephonic conversation between petitioner and Venkatesh and with A2, projected against the petitioner. Mere collecting call details without contents of conversation and any other materials, nothing can be attributed against the petitioner. The petitioner arrayed as accused merely on presumption and assumption. The petitioner not responded to the summon is only on apprehension that he would be brutally attacked since the petitioner had such experience of false implication in Crime No.236 of 2024 (C.C.No.876 of 2024) which was investigated by Ambattur Police. In that case, the petitioner was granted bail by this Court on 05.03.2025 in Crl.O.P.No.5226 of 2025 wherein this Court observed there is no seizure or recovery from the petitioner. For the point of non seizure or recovery, the learned counsel for the petitioner relied on the decision of the Hon'ble Apex Court in Sikandar v. State of Gujarat reported in MANU/SCOR/19812/2024. Further, the petitioner placed reliance on the decision of the Hon'ble Apex Court in Union of India v. Mohammed Afzal reported in 2022 2 Supreme 409 wherein it is held that statement under Section 67 of the Act cannot be taken Page No.5 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025in evidence except for limited purpose of showing recovery and further the CDR details among the accused is a matter to be decided during trial and cannot be taken as prima facie evidence. For the point that the petitioner's involvement in another NDPS case would not be a bar under Section 37 of the Act, when there is no recovery of the contraband from the petitioner, the learned counsel for the petitioner relied on the decisions of Hon'ble Apex Court in Khairul SK v. The State of West Bengal in Special Leave to Appeal (Crl.) No(s).13282/2023 and Vijay Singh v. The State of Haryana in Special Leave to Appeal (Crl.) No(s).1266/2023.5.Making the above submissions and relying upon the above decisions, the learned counsel for the petitioner prays for bail.6.The learned Special Public Prosecutor appearing for the respondent filed counter and strongly objected the petitioner's contention stating that in this case, initially 2 kgs of methamphetamine seized at Room No.109, Hotel White Palace, Mannadi, Chennai from the possession of A1, a Srilankan national who in his statement confirmed that methamphetamine was handed Page No.6 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025over by A2. On such disclosure, A2 summoned, appeared and both A1 and A2 arrested and remanded on 12.12.2023 & 15.12.2023 respectively. During investigation of materials and statements collected, it was found the petitioner was in constant touch with one Venkatesh and A2. The said Venkatesh summoned on 19.12.2023, he appeared and disclosed about the petitioner transporting 6 Nos. of white colour plastic sealed buckets with same size labelled as AQUA MIN, MICRO & MACRO MINERAL DOSAGE: 10kg PER ACERA. On his disclosure, in presence of witnesses, the NCB Team conducted search at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, recovered the containers and found that in the containers white colour powder were packed and sealed in a plastic cover. On opening, white crystalline substance from the buckets tested using test kit which answered methamphetamine, a psychotropic substance covered under the Act. Under the mahazar, the contraband seized, thereafter forwarded to the Officer-In-Charge of NCB Godown. The total seizure is 54.600 kgs of methamphetamine, the samples were drawn following the procedure and forwarded to forensic examination which confirmed the samples is a banned Page No.7 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025psychotropic substance. 7.It is further submitted that Venkatesh gave 67 statement on 19.12.2023 and 20.12.2023, identifying and confirming the contraband was in possession of petitioner. Thereafter, summon sent to the petitioner, the petitioner's wife Suganya received summon and informed that after 10.12.2023, the petitioner's whereabouts not known to her. The statement of Venkatesh confirms that on 10.12.2023, the petitioner called him through mobile phone and informed that he concealed 6 Nos. of white colour plastic sealed buckets at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and informed that he will return after 20-25 days, thereafter instructions will be given to him what to do with the buckets and switched off his mobile. 8.He further submitted that the petitioner's wife served with summon, appeared and gave statement confirming that she had no information of her husband after 10.12.2023 which clearly shows the petitioner absconded. Had the petitioner got nothing to do with seizure of contraband, he could Page No.8 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025have very well appeared before the Investigating Officer and given his explanation. It is seen that the petitioner was not arrayed as accused merely on assumption and presumption, only on the admission of A2 and Venkatesh, he is arrayed as accused. Further to it, a huge quantity of contraband seized on the disclosure facts of Venkatesh. The call details collected between petitioner and A2 during relevant period and the tower location confirms the petitioner's constant touch with A2. On the instructions of petitioner, A2 delivered the contraband to A1 and further the petitioner instructed his acting Driver Venkatesh the concealment of contraband at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur and informed him to deal with it after getting his instructions. 9.He further submitted that the petitioner involved in a similar case in Crime No.236 of 2024 (C.C.No.876 of 2024) which was investigated by Ambattur Police. Added to it, since the respondent's financial investigation under Section 68-E of the Act proves that the petitioner had spent huge sums of money, purchased movable and immovable property through drug Page No.9 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025trafficking/selling of drugs, the respondent issued freezing order under Section 68F(1) of the Act attaching the assets of the petitioner. Further, the competent authority SAFEM(FOP)A & NDPSA confirmed the order of freezing under Section 68F(2) of the Act on 24.01.2025. On coming to know the completion of investigation and filing of complaint before the trial Court, the petitioner surrendered on 28.11.2024 before the trial Court. The decision relied upon by the learned counsel for the petitioner is not applicable to the facts and circumstances of the present case. In this case, the petitioner's disclosure of fact to his Driver about concealment of contraband of 54.600 kgs of methamphetamine at wireless ground back to the TCS ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai leads to recovery. The petitioner's active role in the earlier seizure of contraband on 10.12.2023 & 19.12.2023 and other facts, are confirmed from the statement of A2. He further submitted that in the case of Tofan Singh v. State of Tamil Nadu reported in (2021) 4 SCC 1 case, the Hon'ble Apex Court had held that 67 statement of an accused person can be considered to the limited extent of disclosure and recovery. As far as this case is concerned, the acting Driver Venkatesh to whom the petitioner had Page No.10 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025disclosed vital facts, is not an accused, hence statement of Venkatesh is admissible in full. The learned Special Public Prosecutor fairly submitted that by oversight Venkatesh not cited as witness, his statement already available sent to the Court without delay on 21.12.2023 itself. If required Venkatesh would be examined as witness during trial. In view of the above, there are sufficient materials and evidence against the petitioner to proceed. From the conduct of the petitioner and facts of the case, the petitioner is unable to get over the rigour of Section 37 of NDPS Act. Hence, strongly opposed for bail.10.Considering the rival submissions and on perusal of the materials, it is seen that in this case, there are two seizures. The first seizure of 2 kgs of methamphetamine was on 10.12.2023 at Room No.109, Hotel White Palace, Mannadi, Chennai from A1. Thereafter, A1 arrested, gave statement disclosing sourcing of contraband through A2. Then, summon served to A2, who appeared and gave statement confirming the facts. On his disclosure, it is found the petitioner is the person who handed over methamphetamine to A2 and further A2 disclosed contact details of petitioner. The call details of Page No.11 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025A1, A2 and petitioner/A3 confirms the petitioner's constant touch with A2 as well as Venkatesh in drug trafficking/selling of drugs, summons sent to Venkatesh who appeared on 19.12.2023 gave statement that he is an Auto Driver and used to do acting driver work as and when called by the petitioner. Venkatesh further stated that the petitioner came to his house by car and in the car dickey, he found 6 Nos. of white colour sealed plastic buckets, when he enquired petitioner informed all the buckets costly and high valued articles. He further stated that on 11.10.2023, the petitioner called him and informed that he concealed 6 Nos. of white colour buckets at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai and informed to keep a watch and he would instruct him to deal with at a later point of time and he will not be available for 20-25 days and switched off the mobile. On this disclosure by Venkatesh, the respondent seized the contraband at Wireless Ground back to the TCS Ground, Indira Nagar Service Road, Menambedu, Ambattur, Chennai. This is the second seizure. The said Venkatesh confirmed that earlier he saw the contraband in the car of the petitioner and identified the petitioner and gave his details. Thereafter, summon sent to the petitioner's Page No.12 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025old address and new address, but not responsed. Then, summon sent to the petitioner's wife Suganya who appeared, gave statement that after 10.12.2023, the petitioner had not come home and unable to be contacted. This confirms petitioner absconding himself. After filing of the complaint before trial Court, the petitioner surrendered before the trial Court on 28.11.2024. Had the petitioner not involved in trafficking of drugs, he could have appeared before the respondent and give his explanation.11.It is to be noted that the respondent conducted financial investigation under Section 68-E of the Act and issued order under Section 68F(1) of the Act freezing the movable and immovable properties purchased by the petitioner using the money gained through drug trafficking/selling of drugs. Further, the competent authority SAFEM(FOP)A & NDPSA has confirmed the order of freezing under Section 68F(2) of the Act on 24.01.2025.12.From the above facts, it is clear that there are sufficient materials to proceed with the trial against the petitioner and the seizure of contraband Page No.13 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025on two occasions is of huge quantity. The points raised by the petitioner are not sustainable for grant of bail to the petitioner since there are incriminating materials against the petitioner.13.In view of the above, this Court is not inclined to grant bail to the petitioner. This Criminal Original Petition is accordingly dismissed.09.07.2025vv2To1.The II Additional Special Judge, Special Court for EC & NDPS Act, Chennai. 2.The Junior Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai.3.The Special Public Prosecutor, Madras High Court.Page No.14 of 15 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8322 of 2025M.NIRMAL KUMAR, J.vv2Crl.O.P.No.8322 of 202509.07.2025 Page No.15 of 15