Madrasreserved High Court · 2025

Crl.O.P.Nos.13093 & 14861 of 2025Crl.O.P.No.14861 of 2025T.Adharsh Tolstoy... Petitioner Vs.State of Tamil Nadu Rep. ByThe Inspector of Police,R.S.Puram Police Station,R.S.Puram, Coimbatore.Crime No.155 of 2025... Respondent PRAYER : Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.155 of 2025 pending on the file of the respondent.For Petitioner : Mr.B.JawaharFor Respondent : Mr.L.Baskaran, Government Advocate (Crl. Side)COMMON ORDERThe petitioners, who were arrested and remanded to judicial custody on 27.03.2025 and 28.03.2025 respectively, for the offence punishable under Sections 8(c) r/w. 20(b)(ii)(B), 22(b), 22(c), 25, 29(1) of NDPS Act and Section 4(1)(a) r/w. 4(1)(C) of Tamil Nadu Prohibition (Amendment)Act, 2024. in connection with Crime No.155 of 2025 on the file of the respondent, seek bail. Page No.2 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 20252.The gist of the prosecution case is that on 27.03.2025 at about 5.00 a.m., one Vivek, SSI nominated as Special Officer, Special team formed for NDPS cases along with his team were keeping watch near Gandhi Park, received information that in Mettupalayam flower market near Amma Canteen, five persons between the age of 25 and 35 years pedaling drugs using their car. The information recorded, sent to the Superior Officer and thereafter at about 6.00 a.m., the Special team reached the scene of occurrence. The informant identified persons and the car, when the Special team went near them, the accused persons attempted to escape and all five persons apprehended. A3, A4 and A5 came in a white colour swift car, A1 and A2 came in a white colour swift tour car. In the presence of police witness, Section 50 of Narcotic Drugs and Psychotropic Substances Act [NDPS Act] complied with, search conducted, contraband seized and confession recorded. The confession revealed that A1 previously employed as Driver with A6 and from him, A1 purchased and sourced Cocaine, MDMA powder and pills. Further, A1 purchased, sourced green ganja and dry ganja from A7. A1 employed A2 and A3 and through them, A1 employed A4 and A5 and pedaling narcotic and psychotropic drugs.Page No.3 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 20253.On the confession of A1, 24.40 grams of MDMA pills, 1620 grams of green ganja, cash of Rs.21 lakhs, electronic weighing machine, beer bottles, wine bottle, swift car and mobile phone seized. On the confession of A3, 92.43 grams of cocaine, 1016 grams of dry ganja, electronic weighing machine, another swift car and iphones seized. A1 identified A6, who was enquired, arrested and two mobile phones seized from him at about 10.45 a.m. Thereafter, A1 identified A7 was standing near his car in front of his apartment, A7 was questioned who admitted possession of narcotic drugs, produced 12.47 grams of MDMA powder, 1680 gush ganja, cash of Rs.4 lakhs, electronic weighing machine, iphone, volkwagen car and his confession statement recorded. All the accused, A1 to A7 along with the seized contraband and articles taken to the Police Station at about 5.00 p.m., and the accused, contraband and seized articles produced at about 6.30 p.m. along with Section 57 report to the Inspector of Police, who thereafter registered a case in Crime No.155 of 2025 for the offence under Sections 8(c) r/w. 20(b)(ii)(B), 22(b), 22(c), 25, 29(1) of NDPS Act and Section 4(1)(a) r/w. 4(1)(C) of Tamil Nadu Prohibition (Amendment)Act, 2024.Page No.4 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 20254.The contention of the learned counsel for the petitioner/A5 is that he is an Engineering graduate in Automobile stream and he is running a ice cream parlour. In this case, A3 and A4 used to visit the petitioner's shop and became friendly, the petitioner is not aware of their activities. It is projected that the petitioner along with A3 and A4 were using narcotic drugs, sourced through A2, thereafter the petitioner/A5 started purchasing narcotic regularly for his use and also sells for higher rate. The petitioner/A5 was using A4's car for purchase and transport narcotics. Further, it is projected that the petitioner contacts other accused through his mobile, using code words for MDMA pills as pyjama and for gush ganja as garments. On 27.03.2025, A5 went along with A3 and A4 for purchase of contraband, collected around 1 kg of ganja and 90 grams of cocaine from A1 and kept in the car of A4, at that time, they were rounded off by the Police. Even according to the respondent police, no contraband was seized from petitioner/A5 and he was found along with other accused. He would submit that the contraband and other articles seized from car of A4. Now the petitioner's mobile phone seized by the respondent police. The respondent is in custody of all these articles.Page No.5 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 20255.The contention of the learned senior counsel for the petitioner/A7 is that admittedly only A1 to A5 present in the scene of occurrence and they were arrested. The petitioner/A7 was arrested on the confession statement of A1, it is projected as though the petitioner was standing near his car in front of his apartment and when he was questioned, petitioner/A7 produced 12.47 grams of MDMA powder, 1680 gush ganja, cash of Rs.4 lakhs, electronic weighing machine, iphone and the car. In the confession statement, it is recorded that the petitioner/A7 hails from Mangalore, now settled in Coimbatore and his father doing textile business. The petitioner/A7 though settled in Coimbatore, he does not know to read or write Tamil. In the confession, the petitioner/A7 is said to have disclosed that he used to source ganja from one Prakash from Himachal Pradesh and further from one Gautam from Madurai who used to send it through courier and travel agent, thereafter the petitioner passed onto A1 for business. The learned senior counsel would submit that it is only 2.47 grams which is in excess of intermediate quantity out of total quantity of 12.47 grams seized from the petitioner/A7. He further submitted that the petitioner is a B.B.M Page No.6 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025graduate, he is doing textile business along with his father, he hails from a respectable family and have no previous cases of similar nature, the petitioner is arrayed as accused solely based on the confession of co-accused. Further, the case of the prosecution is that the petitioner was dealing with ganja sourced through Prakash of Himachal Pradesh and Gautam of Madurai, the ganja seized fromt eh petitioner is 1680 grams, an intermediate quantity. The arrest, confession and seizure in this case highly doubtful. He would further submit that the case projected against the petitioner is that the petitioner was in constant touch with other accused through Whatsapp chat and messages, the electronic datas are already available with the respondent police from the seized devices and hence, further detention of the petitioner is not required.6.The learned Government Advocate (Crl. Side) submitted that in this case on the secret information received, the Special team went to the scene of occurrence, found A1 to A5 in two swift cars and on seeing the Police, the accused persons attempted to flee, who were caught. Thereafter, Section 50 of NDPS Act complied with, the accused produced the contraband Page No.7 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025voluntarily and from the confession of A1 and A3, the role of A6 and A7 disclosed. In the scene of occurrence, the contraband, weighing machines, mobile phones, cars seized, from A6 two mobile phones and from A7, some more contraband, his mobile phone and his care seized. In this case, there are totally nine accused, A1 to A7 arrested, A8/Franklin from Mumbai through whom MDMA powders, cocaine purchased and A9/Prakash from Himachal Pradesh, through whom gush ganja purchased are yet to be arrested. He would submit that investigation is at the advanced stage, awaiting lab report for filing charge sheet. Further, the learned Government Advocate (Crl. Side) in his counter listed the specific overt act of each of the accused, contraband and seized articles. A scanned reproduction of the same is as follows:Page No.8 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025Page No.9 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 20257.Considering the submissions made and on perusal of the materials, it is seen that in this case, the Special Team on receipt of the information visited the scene of occurrence wherein A1 to A5 arrested. From A1, 24.40 grams of MDMA pills, 1620 grams of green ganja, Rs.21 lakhs cash and swift tour car bearing registration No.TN-99-AD-2499 seized, from A3, 92.43 grams of cocaine, 1016 grams of dry ganja and swift car bearing registration No.TN-66-S-4092 seized and from A7, 12.47 grams of MDMA powder, 1680 grams of gush ganja, Rs.4 lakhs cash, volkswagen white colour car bearing registration No.TN-66-L-0047, electronic weighing machine and one iphone seized. The seized articles and contraband are in possession of the respondent police. As regards A5, there is no seizure of any contraband. As regards A7, of the contraband seized MDMA is in excess of 2.47 grams of the intermediate quantity. The petitioners have no bad antecedents. Further, in this case the arrest and seizure of the articles are witnessed by the Police Personnels alone. The confession of A7 during Police custody is in the presence of VAO and Village Assistant but from this confession, there is no recovery. Hence, the confession is of no value. The petitioners were arrested on 27.03.2025, investigation is at the advanced Page No.10 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025stage, awaiting lab report. The case projected against the petitioner is that he was sourcing ganja from Prakash of Himachal Pradesh and Gautam from Madurai. Therefore, this Court is inclined to grant bail to the petitioner with certain conditions. 8.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Special Court for EC Act Cases, Coimbatore and on further conditions that: [a]the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b]the petitioners shall report before the respondent Police daily at 10.30 a.m. till the charge sheet is filed and on filing of the charge sheet, the petitioners shall appear before the Trial Court on all hearing dates without fail; [c]the petitioners shall make themselves available for interrogation by Page No.11 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;[f]On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.06.2025Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/NocsePage No.12 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025Note :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Special Court for EC Act Cases, Coimbatore. 2.The Central Prison, Coimbatore.3.The Inspector of Police, R.S.Puram Police Station, Coimbatore.4.The Public Prosecutor, Madras High Court.Page No.13 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.13093 & 14861 of 2025M.NIRMAL KUMAR, J.csePre-delivery order made in Crl.O.P.Nos.13093 & 14861 of 202517.06.2025Page No.14 of 14