High Court · 2025

Crl.O.P.Nos.31757 of 2024 & batchIN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.No.31757 & 32622 of 2024, 86, 410, 500, 558, 584, 612, 662 & 1528 of 2025Prakash... Petitioner in Crl.OP.No.31757 of 2024Dhev Anandh @ Anandh... Petitioner in Crl.OP.No.32622 of 20241.Mohammed Ramal2.Jainulabdeen... Petitioner in Crl.OP.No.86 of 2025Inbaraj... Petitioner in Crl.OP.No.410 of 2025Antony George Bush... Petitioner in Crl.OP.No.500 of 2025Gopalakrishnan... Petitioner in Crl.OP.No.558 of 2025Sreenivasan... Petitioner in Crl.OP.No.584 of 20251.Pradeep2.Shahabudeen3.Ashwin Brainod... Petitioner in Crl.OP.No.612 of 2025Shaik Abdullah... Petitioner in Crl.OP.No.662 of 2025Siva @ Siva Prakash... Petitioner in Crl.OP.No.1528 of 2025Vs.State, Rep. byThe Inspector of PoliceMadipakkam Police StationChennai District(Crime No.544 of 2024)... Respondent in all the Crl. OPs1/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchPRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.544 of 2024 on the file of the respondent Police.For Petitioner in Crl.OP.No.31757 of 2024:Mr.A.SamsonFor Petitioner in Crl.OP.No.32622 of 2024:Mr.S.DhilipanFor Petitioner in Crl.OP.No.86 of 2025 :Mr.M.S.RameshFor Petitioner in Crl.OP.No.410 of 2025 :Mr.R.GanesanFor Petitioner in Crl.OP.No.500 of 2025 :Mr.T.R.RaviFor Petitioner in Crl.OP.No.558 of 2025 :Mr.R.Prem AnandhanFor Petitioner in Crl.OP.No.584 of 2025 :Mr.M.Vijaya SundarFor Petitioner in Crl.OP.No.612 of 2025 :Mr.R.Prem AnandhanFor Petitioner in Crl.OP.No.662 of 2025 :Mr.M.S.RameshFor Petitioner in Crl.OP.No.1528 of 2025 :Mr.K.YuvarajaFor Respondent in all the Crl.OPs :Mr.Leonard Arul Joseph SelvamGovernment Advocate (Crl.Side)C O M M O N O R D E RPetition seeking bail in respect of Crime No.544 of 2024 registered for the offences punishable under Sections 8(c) r/w.Section 22(b), 29(1) and 20(b)(ii)(A) of the NDPS Act, 1985 @ 8(c) r/w. Section 20(b)(ii)(A), 22(b), 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substance Act, 1985 is on board for consideration. 2/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batch 2.The petitioners were arrested on the following dates:S.No.Crl.OP.No.Petitioner's rankDate of arrest131757 of 2024A512.11.2024286 of 2025A15 & A1627.11.2024332622 of 2024A615.11.20244410 of 2025A1219.11.20245500 of 2025A715.11.20246558 of 2025A412.11.20247662 of 2025A1727.11.20248584 of 2025A1320.11.20249612 of 2025A1, A2 & A312.11.2024101528 of 2025A918.11.2024Pleading innocence and claiming false implication, the learned counsels for the petitioners seek the indulgence of this Court. They further submit that although the respondent police initially stated that the seized contraband was Methaqualone, the forensic report contradicts this, showing the contraband as Pseudoephedrine and Cannabinoids. The learned counsels further argue that, as per the forensic report, the recovered substances are controlled substances, and therefore, the rigors of Section 37 of the NDPS Act do not apply to the petitioners. They also submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. They also submits that the petitioners, without prejudice to the defence and contention, are ready and willing 3/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchto deposit the following amount to any welfare scheme of the Government or any other organization: S.No.Crl.OP.No.Petitioner's rankAmount 131757 of 2024A5Rs.10,000/-286 of 2025A15 A16Rs.5,000/-Rs.5,000/-332622 of 2024A6Rs.15,000/-4410 of 2025A12Rs.10,000/-5500 of 2025A7Rs.5,000/-6558 of 2025A4Rs.10,000/-7662 of 2025A17Rs.5,000/-8584 of 2025A13Rs.20,000/-9612 of 2025A1A2A3Rs.15,000/-Rs.10,000/-Rs.10,000/-101528 of 2025A9Rs.5,000/-3.The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 12.11.2024 at about 15:45 hours, the Sub Inspector of Police received a tip-off about the illegal sale of contraband. Acting on this information, he, along with his team proceeded to the location near Puzhithivakkam Railway Station (South Side). There, five individuals were found acting suspiciously. Upon 4/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchinquiry, they were identified as the accused: Pradeep (A1), Shahabudeen (A2), Ashwin Brainod (A3), Gopalakrishnan (A4), and Prakash (A5). The accused were searched, and 998 grams of Methaqualone and 230 grams of OG Ganja were found in their possession. 4.The learned Government Advocate further submits that on 12.11.2024, the arrested accused (A1–A5) were produced before the Inspector of Police, and their confession statements were recorded in the presence of witnesses. The following items were seized under a mahazar; 7 grams of Methaqualone and mobile phones from A1, and 5 grams of Methaqualone and mobile phones from A2–A5. On 15.11.2024, the Inspector of Police produced arrested A6 (Dev Anand), A7 (Antony George Bush), and A8 (Sathishkumar) and their confession statements were recorded, and 230 grams of OG Ganja, mobile phones, and an electronic weight machine were seized. On 18.11.2024, arrested persons A9 (Sivaprakash), A10 (Ashok Kumar), and A11 (Hari Kannan) were produced, and their confession statements were recorded. Mobile phones were seized. On 20.11.2024, arrested persons A12 (Inbaraj) and A13 (Srinivasan) were produced and their confession statements were recorded, and 21 grams of Methaqualone, mobile phones, 953 grams of Methaqualone, 2 silver spoons, 1 5/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchweight machine, and a sealing machine were seized. On 23.11.2024, arrested person A14 (Mahadevan) was produced, and his confession statement was recorded and a mobile phone was seized. On 27.11.2024, arrested persons A15 (Selva @ Mohmeed Ramal), A16 (Shaik Abdula), and A17 (Jainuladeen) were produced, and their confession statements were recorded. Mobile phones were seized. On 11.12.2024, the accused A18 (Christober) was formally arrested under PT Warrant and remanded to judicial custody by the Special Court for NDPS Act, Chennai. On 15.11.2024, the charge under Section 8(c) r/w 22(b), 29(1) of the NDPS Act was amended to include Section 20(b)(ii)(A) of the NDPS Act.5.The learned Government Advocate (Crl. Side) further submits that the respondent police were initially under the impression that the contraband seized was Methaqualone, however, the forensic report revealed that the contraband recovered was, in fact, Pseudoephedrine and Cannabinoids. The learned Government Advocate (Crl. Side) further submits the details of recovery made from the petitioners and previous cases against the petitioners as follows:6/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchS.No.Crl.OP.No.Petitioner's rankRecoveryPrevious case131757 of 2024A55 grams 1 NDPS286 of 2025A15 & A16NilNil332622 of 2024A6230 grams of OG ganja1 NDPS4410 of 2025A1221 gramsNil5500 of 2025A7NilNil6558 of 2025A45 gramsNil7662 of 2025A17Nil Nil8584 of 2025A13953 gramsNil9612 of 2025A1A2A37 grams5 grams5 grams1 NDPSNilNil101528 of 2025A9NilNil6.Considering the voluntary submission made by the learned counsels for the petitioners, the petitioners are directed to deposit the amount mentioned as follows to the credit of the "District Legal Services Authority, Chennai District" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt:S.No.Crl.OP.No.Petitioner's rankAmount to be deposited131757 of 2024A5Rs.10,000/-286 of 2025A15 Rs.5,000/-7/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchS.No.Crl.OP.No.Petitioner's rankAmount to be depositedA16Rs.5,000/-332622 of 2024A6Rs.15,000/-4410 of 2025A12Rs.10,000/-5500 of 2025A7Rs.5,000/-6558 of 2025A4Rs.10,000/-7662 of 2025A17Rs.5,000/-8584 of 2025A13Rs.20,000/-9612 of 2025A1A2A3Rs.15,000/-Rs.10,000/-Rs.10,000/-101258 of 2025A9Rs.5,000/-7.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioners and the fact that the controlled substances recovered from them do not attract the rigors of Section 37 of the NDPS Act, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction as follows:8/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchS.No.Crl.OP.No.Petitioner's rankBail to the satisfaction of131757 of 2024A5Learned Principal Sessions Judge for EC and NDPS Court at Chennai.286 of 2024A15 A16Learned Principal Sessions Judge, NDPS Act Court, Chennai.332622 of 2024A6Learned II Judicial Magistrate, Alandur4410 of 2025A12Learned Judicial Magistrate II, Alandur5500 of 2025A7Learned Judicial Magistrate II, Alandur6558 of 2025A4Special Court for EC & NDPS Act, Chennai7662 of 2025A17Learned Principal Sessions Judge, NDPS Act Court, Chennai.8584 of 2025A13Learned Judge of Principal Special Court under EC and NDPS Act, Chennai 9612 of 2025A1A2A3Special Court for EC & NDPS Act, Chennai 101528 of 2025A9Learned Judicial Magistrate No.II, Alandur[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent Police, everyday at 06.30 p.m., until further orders;9/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batch[c] the petitioners shall not abscond either during investigation or trial;[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.27.01.2025sai10/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchTo1.The Principal Sessions Judge for EC and NDPS Court Chennai 2.The Judicial Magistrate No.II, Alandur3.The Inspector of PoliceMadipakkam Police StationChennai District4.The SuperintendentCentral Prison, Puzhal II5.The Public Prosecutor,High Court of Madras.11/12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.31757 of 2024 & batchA.D.JAGADISH CHANDIRA, J.saiCrl.O.P.No.31757 & 32622 of 2024, 86, 410,500, 558, 584, 612, 662 & 1528 of 202527.01.202512/12