High Court · 2025

CRL OP (MD) No.1904 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 19/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.1904 of 2025Jeeva,S/o.Palraj, D.No. 1/149, South Street, Boothipuram and Post, Usilampatti Taluk, Madurai District. ... Petitioner/7th Accused VsThe State of Tamil Nadu,Rep. by the Inspector of Police,S.S.Colony Police Station, Madurai. Crime No.227/2024 ... Respondent/Complainant For Petitioner : Mr.J.Jeya Aron Raja, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS1/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025PRAYER :- To release the petitioner / Accused No.7 on bail in C.C.No.395 of 2024 on the fileof the Principal Special court for NDPS Act cases, Madurai in connection with CrimeNo.227 of 2024 on the file of the respondent-police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 28.01.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner / Accused No.7 was arrested and remanded to judicialcustody on 18.05.2024. The petitioner is facing trial in C.C.No.395 of 2024 on the fileof the learned Principal Special Judge for NDPS Act Cases, Madurai for the offencespunishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act, inconnection with Crime No.227 of 2024 on the file of the respondent-police.3. The case of the prosecution is that on 02.05.2024, at about 18.50 hours, basedon secret information received, the respondent-police were conducting a vehiclecheck-up near Viratipathu Union Office, Madurai, on Kalavasal to Theni Main Road.2/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025At that time, the police found that Accused No.1 was in possession of 1.600 kgs ofganja in a Ford Aspire car bearing Registration No. TN-58-AL-9513. The respondent-police arrested Accused No.1 and seized the contraband. Based on the confession ofAccused No.1, on 15.05.2024, A3, A4 and A5 were arrested, and the respondent-police seized 13.500 kgs of ganja from them. Following the same, on 18.05.2024, nearthe entrance of the Omni Bus Stand, Mattuthavani, the petitioner/A7, along with A6and A8, was arrested, and 8.500 kgs of ganja was seized from A6 and A7. Hence, thecase.4. Mr.J.Jeya Aron Raja, the learned counsel for the petitioner, submits that thepetitioner has nothing to do with the alleged offence and that a false case has beenfoisted against the petitioner. He further submits that the petitioner is ready to abideby any conditions to be imposed by this Court. He further submits that the petitionerhas been in judicial custody from 18.05.2024. Hence, he prays for granting bail to thepetitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that in this case, 1.500 kgs of ganja wasseized from the Accused No.1 on 02.05.2024, 13.500 kgs of ganja was seized from3/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025Accused Nos.3, 4 and 5 on 15.05.2024, and 8.500 kgs of ganja was seized fromAccused No.6 and the petitioner/A7 on 18.05.2024. He further submits that there aretwo previous cases pending against the petitioner, which are related to the offencespunishable under the provision of IPC. He also submits that since the petitioner andthe other accused persons purchased the contraband with a common intention to sellit illegally and earn money and all the recoveries and seizures arose out of the samecourse of events, the recovery of ganja from all the accused persons should be takeninto account while deciding whether the contraband constitutes a commercialquantity or not, and that the total contraband seized from all the accused personscomes within the category of commercial quantity. Further, he submits that the rigorsstated in Section 37 of the NDPS Act would be applicable to this case. He relies uponthe judgment of the Hon'ble Supreme Court in Narcotics Control Bureau v. MohitAggarwal, reported in (2022) 18 SCC 374. The learned Additional Public Prosecutortherefore prays to dismiss this Criminal Original Petition. 6. This Court has considered the submission made on either side. 7. A bare perusal of the FIR would show that on 02.05.2024, at about 18.50hours, the respondent-police intercepted the Ford Aspire car of A1 and4/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025seized 1.600 kgs of ganja from him, which is admittedly an intermediate quantity. Aperusal of the Final Report filed by the respondent-police would show that on15.05.2024, the respondent-police arrested A3, A4 and A5, and recovered 13.500 kgs.of ganja from A4 and A5. Thereafter, on 18.05.2024, i.e., after 16 days from the firstseizure and 3 days from the second seizure, the respondent-police arrested thepetitioner along with other accused persons and seized 8.500 kgs of ganja from thepetitioner/A7 and A6. The submission of the learned Additional Public Prosecutor isthat the previous recoveries of ganja from the co-accused persons should be takeninto account while deciding whether the contraband constitutes a commercialquantity or not. This Court is not inclined to accept the above submission for thereason that the seizures were not made at the same time. Hence, this Court is of theview that the quantity of contraband seized from the petitioner and other accusedpersons on 18.05.2024 is intermediate, and the rigors stated in Section 37 of the NDPSAct would not be applicable to this case. To be noted, the above view is recorded onlyfor the purpose of deciding the bail petition. The above view, in any way, would notcause any prejudice to the rights of the prosecution in establishing the case during thetrial. 5/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 20258. Considering the above, and also considering the fact that the petitioner haspermanent residence, and therefore, there is less possibility of absconding, and with aview to give one more opportunity to the petitioner to reform himself, this Court isinclined to grant an order of bail to the petitioner, however, subject to the followingconditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand Only) to the satisfaction of the learned Principal SpecialJudge, Special Court for Trial of NDPS Act Cases, Madurai;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Principal Special Judge, Special Court for Trial of NDPSAct Cases, Madurai, shall obtain a copy of any one of identity proofs to ensure theiridentity;(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;6/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025(iv) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(v) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant, and the witnesses;(vii) The petitioner shall furnish his residential address and mobile number tothe learned Principal Special Judge, Special Court for Trial of NDPS Act Cases,Madurai;(viii) The petitioner shall appear and sign before the learned Principal SpecialJudge, Special Court for Trial of NDPS Act Cases, Madurai, on all working days at10:30 a.m., until further orders; and7/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 2025(ix) On breach of any of the aforementioned conditions, the learned PrincipalSpecial Judge, Special Court for Trial of NDPS Act Cases, Madurai, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'ble SupremeCourt in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra.Sd/- 19/03/2025 / TRUE COPY / 21/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. tsg/jenTO1 THE PRINCIPAL SPECIAL JUDGE, PRINCIPAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.8/9 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.1904 of 20253 THE INSPECTOR OF POLICE, S.S COLONY POLICE STATION, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to M/s.J.JEYA ARON RJA, Advocate ( SR-3117[I] dated 19/03/2025 ) and ( SR-3140[I] dated 20/03/2025 ) ORDER IN CRL OP(MD) No.1904 of 2025 Date :19/03/2025 ES/ 21.03.2025/9P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 9/9