Madrasreserved High Court · 2025

Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025Gokul... Petitioner Vs.The Inspector of Police,C2, Race Course Police Station,Coimbatore City.(Crime No.110/2025)... RespondentPRAYER: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.110 of 2025 on the file of Inspector of Police, C2, Race Course Police Station, Coimbatore City.For Petitioner : Mr.B.KumarasamyFor Respondent : Mr.R.Vinothraja,Government Advocate (Crl. Side)Crl.O.P.No.17593 of 2025:Mithunraj... Petitioner Vs.The Inspector of Police,Race Course Police Station,Coimbatore District.Crime No.110/2025.... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail to the Page No.2 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025petitioner/Accused No.1 in Crime No.110 of 2025 on the file of the respondent.For Petitioner : Mr.R.Radha PandiyanFor Respondent : Mr.R.Vinothraja,Government Advocate (Crl. Side)Crl.O.P.No.19100 of 2025:Aswin... Petitioner Vs.The State Rep. by the Sub-Inspector of Police,Race-Course Police Station,Coimbatore City.(Crime No.110 of 2025)... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on Bail in Crime No.110 of 2025 on the file of the respondent.For Petitioner : Mr.Navin SureshFor Respondent : Mr.R.Vinothraja,Government Advocate (Crl. Side)Page No.3 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025COMMON ORDERCrl.O.P.No.17005 of 2025 is filed Jaganathan/A3 (Presently A2). Crl.O.P.No.17405 of 2025 is filed Gokul/A2 (Presently A3). Crl.O.P.No.17593 of 2025 is filed Mithunraj/A1 (Presently A1). Crl.O.P.No.19100 of 2025 is filed Aswin/A5 (Presently A4). All the four accused arrested and remanded to judicial custody on 28.02.2025, 02.03.2025, 27.02.2025 and 03.03.2025 respectively for the offence punishable under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in connection with Crime No.110 of 2025 on the file of the respondent Police, seek bail. 2.For the sake of convenience and clarity, the petitioners are referred to as accused as per their rank at present.3.Gist of the case is that on 27.02.2025 at 07.15 a.m, the Sub Inspector of Police attached to respondent Police Station received secret information that a person aged about 25 years was in possession of methamphetamine near VCV Shishu Vidyodaya School, Coimbatore and Page No.4 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025intended to sell the same to school and college going students. On receipt of information, the Sub Inspector of Police informed his superior officer and went to the scene of occurrence with his team at about 08.00 a.m where the informant identified A1/Mithunraj. When A1/Mithunraj enquired, he handed over methamphetamine kept in polythene zip lock cover from his right side pant pocket. On further enquiry, A1/Mithunraj informed that he concealed the contraband for peddling. A small portion of contraband was taken, tasted and found that it is methamphetamine of high quality. Following the statutory procedures, A1 searched and contraband seized. After arrest, A1 informed that his friends in Bangalore viz., Azaruthin/A6, Aswin/A4, Amal/A7 and Ansath/A8 and other friends in Coimbatore viz., Gokul/A3 and Jaganathan/A2 of Udumelpet joined together in purchasing methamphetamine, making into powder, converting into small packets and selling to school and college going students. Hence, FIR in Crime No.110 of 2025 registered for offence under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985.4.During investigation, A2/Jaganathan arrested on 28.02.2025, from him, 6 grams of methamphetamine, mobile phone and volkswagen car Page No.5 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025seized. A3/Gokul arrested on 02.03.2025, from him, 4 grams of methamphetamine, Redmi Note mobile phone and Royal Enfield Bike seized. A4/Aswin arrested on 03.03.2025, from him, 53 grams of methamphetamine, Baleno car, mobile phone seized. Thereafter, Amal/A7, Ansath/A8 & Riyaz/A9 arrested and from Amal 20 Nos. of LSD stamp, mobile phone seized. The accused confessed and admitted peddling of methamphetamine and LSD stamp and selling the same to school and college students. Hence, an alteration report filed on 10.03.2025 rearranging the rank of accused and also finding that the accused are involved in smuggling of drugs and other articles of commercial quantity.5.Learned Senior Counsel appearing for A2/Jaganathan submits that after arrest, A2 was detained under Act 14 on 27.03.2025. A2's wife Vishnudevi sent a representation to Advisory Board, explaining how her husband falsely implicated in this case. Considering the representation, the Advisory Board revoked the detention of A2 on 19.05.2025. From A2, 6 grams of methamphetamine seized which is an intermediate quantity. On the other hand, clubbing the seizure of 53 grams of methamphetamine and 20 LSD stamp from other accused on 03.03.2025 in a different place much Page No.6 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025after arrest and remand of A3, the respondent Police projected as though A2 having joint possession of methamphetamine of commercial quantity with other accused is far-fetched. Admittedly, in this case, A2 arrested on 28.02.2025 only on the confession of co-accused and further, there is clear violation of statutory procedures. The learned Senior Counsel further submits that in the seizure mahazar, there is no reference to zip lock cover in which the contraband concealed by A2. Added to it, in the seizure mahazar, it is projected that contraband seized from A2 in person but in the remand report, it is recorded that polythene zip lock cover with methamphetamine seized from the car. He further submits that when A2 detained in Central Prison, Coimbatore, he was initially admitted in prison hospital for COVID-19 and later his health condition became serious, shifted to Government Hospital, Coimbatore. In this case, admitted position is that on 28.02.2025 only intermediate quantity seized from A2 but after the arrest of other accused on 03.03.2025, Section altered and a case of commercial quantity projected. Hence, he sought for bail to A2.6.Learned counsel appearing for A1/Mithunraj submitted that on 27.02.2025, A1 enquired by the respondent Police while he was near Race Page No.7 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025Course Scheme Road, Coimbatore, at that time, A1 from his pocket handed over 7 grams of methamphetamine which is an intermediate quantity. On the date of arrest and remand, it was projected that A1 involved for offence under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985. Subsequently, after the arrest of other accused on 03.03.2025 with commercial quantity of methamphetamine and 20 Nos. of LSD stamp, the respondent Police included A1 with other accused, prepared alteration report dated 10.03.2025 and projected a case of commercial quantity. In this case, A1 was not in conscious possession of any contraband of commercial quantity after his remand, later A1 falsely implicated with the other accused. A1 has got nothing to do with the independent act of other accused. Hence, he prayed for bail.7.Learned counsel appearing for A3/Gokul submitted that on 02.03.2025, A3 enquired by the respondent Police, at that time, A3 handed over 4 grams of methamphetamine which is an intermediate quantity. On the date of arrest and remand, it was projected that A3 involved for offence under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs and Psychotropic Page No.8 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025Substances Act, 1985. Subsequently, after the arrest of other accused on 03.03.2025 with commercial quantity of methamphetamine and 20 Nos. of LSD stamp, the respondent Police included A3 with other accused, prepared alteration report dated 10.03.2025 and projected a case of commercial quantity. In this case, A3 was not in conscious possession of any contraband of commercial quantity and after his remand, A3 falsely implicated with the other accused. A3 has got nothing to do with the independent act of other accused. Hence, he prayed for bail.8.Learned counsel appearing for A4/Aswin submitted that it is projected that on 03.03.2025, A4 was found along with Abdul Saleem/A5, Azaruthin/A6, Amal/A7, Ansath/A8 and Riyaz/A9 near Coimbatore Railway Station, on search, 53 grams of methamphetamine has been shown as recovery from A4 which is a commercial quantity. From Amal/A7, 20 Nos. of LSD stamps seized. The contention of A4 is that A4 was detained under Act 14 on 03.04.2025 but later it was revoked on 19.05.2025 which would clearly confirm that no statutory principles and procedures followed in this case. On the other hand, it is projected as though A4 along with other accused found near Coimbatore Railway Station and peddling contraband. Page No.9 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025In this case, admittedly, A1/Mithunraj, A2/Jaganthan and A3/Gokul arrested on 27.02.2025, 28.02.2025 and 02.03.2025. In such circumstances, it is projected that on 03.03.2025 A4 was in possession of 53 grams of methamphetamine in the heart of Coimbatore, is unrealistic. He further submits that A4 has got no bad antecedents and falsely implicated in this case. Hence, he prayed for bail.9.The learned Government Advocate (Crl. Side) appearing for the respondent Police filed counter for all petitions and submitted that an FIR in Crime No.110 of 2025 registered for offence under Sections 8(c), 22(b) & 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 against the accused. The specific overtact of the accused are as follows:S. No.AccusedContraband SeizedCommercial/Non-CommercialNDPS Schedule No.Chemical Report1Mithunraj/A17 grams of Methamphetamine2Jaganathan/A26 grams of Methamphetamine3Gokul/A34 grams of Methamphetamine4Aswin/A453 grams of Methamphetamine--Obtained NAR.No.368 of 2025 dated 26.03.2025.Page No.10 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025S. No.AccusedContraband SeizedCommercial/Non-CommercialNDPS Schedule No.Chemical Report5Abdul Salim/A56Azaruthin/A67Amal/A7 20 Nos. of LSD Stamps8Ansath/A8No Recovery9Riyaz/A9No Recovery10.He further submitted that on 27.02.2025, the respondent Police arrested A1/Mithunraj and seized 7 grams of Methamphetamine respectively, mobile phone and recorded his confession statement. On the same day, A2/Jaganathan arrested, 6 grams of Methamphetamine, mobile phone and volkswagan car seized. On 02.03.2025, A3/Gokul arrested, 4 grams of Methamphetamine seized, Royal Enfield bike and mobile phone seized. On 03.03.2025, A4/Aswin, A5/Abdul Saleem, A6/Azaruthin arrested, 53 grams of Methamphetamine, 20 Nos. of LSD stamps and other articles seized. All the accused produced for remand and seized articles including contraband produced before the concerned Judge, thereafter, sample taken sent to forensic laboratory. He further submit that considering the petitioner Page No.11 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025involved in possession and smuggling of commercial quantity of contraband and seriousness of the offence, the lower Court dismissed the bail petitions of the accused. If the petitioners are let out on bail, there is possibility of them absconding and there is possibility of committing similar nature of cases. Hence, he strongly opposed for bail to all accused.11.This Court considered the rival submissions and perused the materials available on record.12.It is seen that A1/Mithunraj arrested on 27.02.2025, A2/Jaganthan arrested on 28.02.2025 and A3/Gokul arrested on 02.03.2025. Admittedly, from all the three persons, only 7 grams, 6 grams and 4 grams of intermediate quantity of methamphetamine seized. They were remanded and confined in Prison, later other accused arrested. From the remand order, dated 03.03.2025 of Aswin/A4, Abdul Saleem/A5, Azharudheen/A6, Amal/A7, Ansath/A8 and Riyaz/A9, it is seen that the commercial quantity of 53 grams of methamphetamine and 20 Nos. LSD stamps seized from other accused and produced before the Magistrate on 03.03.2025. Admittedly, A1/Mithunraj, A2/Jaganthan and A3/Gokul arrested and Page No.12 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025remanded much before the arrest of A4 to A9, at that time, no commercial quantity of methamphetamine or any LSD stamp seized. Added to it, the detention order clamped against the accused later revoked. In this case, there is cloud of mystery in the manner in following the statutory procedures and recording the recovery and seizure of contraband. Now, the investigation is almost completed and A1/Mithunraj, A2/Jaganthan and A3/Gokul have no similar cases. 13.Considering the period of incarceration and only an intermediate quantity is seized from A1/Mithunraj, A2/Jaganthan and A3/Gokul and investigation is almost in the final stage, this Court is inclined to grant bail to A1/Mithunraj, A2/Jaganthan and A3/Gokul subject to following conditions.14.Accordingly, Crl.O.P.Nos.17005, 17405 & 17593 of 2025 are allowed and A1/Mithunraj, A2/Jaganthan and A3/Gokul 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 learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore and on further Page No.13 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025conditions 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]A1/Mithunraj, A2/Jaganthan and A3/Gokul shall appear before the respondent Police on every Monday at 10.30 a.m till filing of charge sheet. On filing of charge sheet, A1/Mithunraj, A2/Jaganthan and A3/Gokul shall appear before the trial Court on all hearing dates without fail.[c] A1/Mithunraj, A2/Jaganthan and A3/Gokul shall make themselves available for interrogation by a Police Officer as and when required;[d] A1/Mithunraj, A2/Jaganthan and A3/Gokul shall not directly or indirectly cause any threat to the de-facto complainant and witnesses;[e] A1/Mithunraj, A2/Jaganthan and A3/Gokul 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 A1/Mithunraj, A2/Jaganthan and A3/Gokul in accordance with law as if the aforementioned conditions have been imposed and A1/Mithunraj, A2/Jaganthan and A3/Gokul 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];Page No.14 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.15.As regards A4/Aswin is concerned, it is seen from the remand order that commercial quantity of 53 grams of methamphetamine from A5/Aswin and 20 Nos. LSD stamp from Amal/A7 seized and produced before the Magistrate on 03.03.2025.16.In view of the same, this Court is not inclined to grant bail to A4/Aswin. Accordingly, Crl.O.P.No.19100 of 2025 is dismissed.05.08.2025Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/Novv2Note :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.ToPage No.15 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 20251.The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.2.The Inspector of Police, C2 Race Course Police Station, Coimbatore.3.The Central Prison, Coimbatore.4.The Public Prosecutor, Madras High Court.Page No.16 of 17 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17005, 17405, 17593 & 19100 of 2025M.NIRMAL KUMAR, J.vv2PRE-DELIVERY COMMON ORDER INCrl.O.P.Nos.17005, 17405, 17593 & 19100 of 202505.08.2025Page No.17 of 17