Madras High Court · 2025

Crl.O.P.No.30907 of 2024The petitioner was served with summon under Section 67 of NDPS Act and he appeared before the respondent, gave his statement on the same line. The petitioner's wife was also summoned and petitioner's mobile phone, his wife's mobile phone and bank statements all collected and verified. The petitioner's house was searched, no incriminating material found. Since the petitioner was paid a little higher amount than the normal parcel charges, the petitioner's contention doubted. The petitioner received parcel charges and service charges, nothing more.3.The learned counsel for petitioner further submitted that the petitioner arrested on the statement of co-accused and nothing more. The Hon'ble Apex Court in Toofan Singh case, held that the statement recorded under Section 67 of NDPS Act cannot be taken in toto and to be considered only to the limited extent of any recovery similar to Section 27 of the Indian Evidence Act. In this case, there is no material against the petitioner to show the petitioner had any knowledge or abetted or conspired with other accused 3/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024in commission of the offence. The complaint of the respondent proceeds that petitioner used to receive Rs.1,500/- for each parcel, which was above the normal charges. According to the petitioner, he was informed that the parcel contained 'Anti-slip Mat' samples. The petitioner, an Auto Driver stationed at KPS Auto Stand. The petitioner is known to A2, an old acquaintance, when A2 was staying in a hostel earlier. Thus taking his complaint as a whole, there is no case made out and the petitioner has got no bad antecedents. The petitioner is residing with his family having deep social root and he will not evade justice. The petitioner was arrested and he is in prison from the year 2023 and now investigation completed, charge sheet filed and the trial is yet to proceed. Hence, prayed for granting bail to the petitioner. 4.The learned Special Public Prosecutor appearing for the respondent submitted that based on a specific information, the Officers of NCB Chennai Zonal Unit seized 10 gms 2 C-B, 3 gms MDMA, 150 gms THC, 156 gms THC (viscous liquid), 168 gms Ganja, 1 gm Cocaine, 7 gms LSD (double 4/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024design), 20 gms LSD (single design and no design) by NCB. Chennai at KR Engineering Works/K R Kwality Racks, 499/3A, Dam Thottam, Bharathi Street, Chinnavedampatti, Coimbatore- 641049 on 22/23.06.2023 from the possession of Mohammed Fawaz S., S/o. Salim Abdul Muthalif, aged 32 yrs, Indian R/o No. 252D/196. Kannusamy Street, Sanganur, Coimbatore North, Rathinapuri, Coimbatore (as per ID) & Rakesh R. S/o Ravichandran K., aged 31 yrs., Indian R/o Flat no. CC804, KGISL Metropolis Apartments, Keeranatham, Saravanampatti, Coimbatore. Subsequently, individual summons dated 23.6.2023 were served upon both Mohammed Fawas S. and Rakesh R. requesting them to appear before the Intelligence Officer NCB, Chennai at SS Hotel, Vinayagar Koil Street, Saravanampatti, Coimbatore in connection with the above instance of drug trafficking. In response to the summons, they appeared before Sh. Akshay Hunurkar. Investigating Officer, NCB, Chennai at Hotel SS residency, 7/12, Vinayagar Kovil Street, Ramanujam Nagar Bus Stop, Coimbatore on the same day. In follow up 5/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024action, Allen Dominic James, the petitioner was also apprehended at KPS auto stand, Coimbatore and summoned before the NCB officer.4.1. He further submitted that the petitioner and other accused/A1 and A2 appeared before the Intelligence Officer and tendered their voluntary statements individually in which they inter alia admitted their role in Procurement, possession, internationally trafficking, manufacturing, selling and entering into criminal conspiracy in the illicit trafficking. Based on their statements and other material evidences seized and took possession of drugs, they were placed under arrest at 22:45 Hrs on 24.6.2023, 22:00 Hrs on 24.6.2023 and 22:30 hrs on 24.6.2023 respectively under Section 8(c) r/w Sec.20 (b) (ii) (A), 21(B), 22(C), 23(C), 28 & 29 of the NDPS Act 1985.4.2. He further submitted that as per statement of the Mohammed fawas[A-1] it was revealed that 21 consignments of drugs [i.e., LSD, COCAINE, GANJA. ] were packed as per the demand of his associates, who 6/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024placed the order of drugs through darknet and handed over to the petitioner by R.Rakesh [A-2] for dispatch through India post, the petitioner booked the following consignments through India post, Coimbatore to various places in India such as Chennai, Coimbatore, Bangalore, Cochin, Delhi respectively.7/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 20245. Heard both sides and perused the materials available on record.8/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 20246. Considering the submissions made and on perusal of the material it is seen that the petitioner/A3 in this case was arrested on 24.06.2023 and he is in prison from that date onwards. Now investigation completed. Admittedly, there is no recovery from the petitioner. The petitioner is an Auto Driver not in dispute. He used to ply auto from Auto stand. A2 in this case is an old acquaintance to the petitioner when A2 was staying in a hostel. The petitioner employed by A2 for taking parcel from the company, booking it in the post office, return the postal receipt. A2 paid transportation, parcel charges with extra money. The petitioner's house was searched, admittedly, there was no seizure of drugs from the petitioner. The petitioner's bank account and phone details collected, except for regular parcel work, there is nothing against the petitioner. In fact, the prosecution proceeds that the co-accused informed the petitioner that Anti-slip Mat are sent as parcel. The petitioner had no reason to doubt the parcel sent from the company. It is an ongoing company and receiving extra money alone cannot be a reason 9/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024against the petitioner, in the absence of any other materials. Now after Toofan Singh's case, statement under Section 67 of NDPS Act has limited application akin to recovery under Section 27 of the Evidence Act. In this case, no recovery of any incriminating material on the petitioner's statement under Section 67 of NDPS Act. The petitioner is living with his family, got deep social root. In view of the same, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities 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 10/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioner shall appear before the trial Court on all hearing dates without fail;[c] the petitioner shall make himself available for interrogation by the respondent as and when required;[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or during custody beyond the first fifteen days, he 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 petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by 11/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024the 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.25.06.2025rsiNote :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.12/13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.30907 of 2024M.NIRMAL KUMAR, J.rsiTo1.The Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.2.The Intelligence Officer,Chennai Zonal Unit.3.The Superintendent,Central Prison,Coimbatore.4.The Public Prosecutor,High Court of Madras.Pre-delivery order inCrl.O.P.No.30907 of 2024 25.06.202513/13