High Court · 2025

CRL.OP (MD) No.2515 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTReserved on : 08.04.2025Pronounced on : 29.04.2025COROMTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP (MD) No.2515 of 2025Sasikumar... Petitioner / Accused No.5Vs.Union of India throughRep. by The Intelligence Officer,Narcotics Control Bureau,Madurai Sub Zonal,Madurai District.(F.No.48/1/12/2023/NCB/MDS)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 483 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in thecase in C.C.No.65 of 2024 pending on the file of the Special Court for EC and NDPSAct Cases, Pudukkottai, Pudukkottai District in connection withF.No.48/1/12/2023/NCB/MDS on the file of the respondent-NCB. For Petitioner: Mr.R.Balamuruganantham, Advocate For Respondent: Mr.Arul Vadivel @ Sekar, Special Public Prosecutor1/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 06.02.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying togrant bail to the petitioner.2. The petitioner/Accused No.5 was arrested and remanded to judicialcustody on 17.08.2023 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985,in F.No.48/1/12/2023/NCB/MDS on the file of the respondent-NCB. Afterinvestigation, the charge sheet has been filed and the same was taken on file by theSpecial Court for EC and NDPS Act Cases, Pudukkottai, Pudukkottai District inC.C.No.65 of 2024.3. The case of the prosecution is that, on 16.08.2023, based on secretinformation, the respondent-NCB seized 423 kilograms of Ganja from a MahindraBolero Pickup Vehicle on the R.S.Mangalam-Paramakudi Road, near PitchankottaiVillage, Ramanathapuram District. As per the investigation and the confessionstatement, one Pavithra had purchased the contraband from Andhra Pradesh andtransported it in an Ashok Leyland Vehicle. The contraband was then delivered to2/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 2025Accused Nos. 1 to 3 at Viralimalai, under the direction and escort of Accused No.4and the petitioner (A5). Accused No.4 and the petitioner (A5) transferred the saidquantity from the Ashok Leyland Vehicle to the Mahindra Bolero Pickup.Thereafter, Accused Nos.1 to 3 proceeded to transport the contraband to Sri Lanka.While en route, they were apprehended by the respondent-NCB near PitchankottaiVillage. Hence, the case. 4. Mr.R.Balamuruganatham, learned counsel for the petitioner, submitted thatthe petitioner is an innocent person and has not committed any offence as alleged bythe prosecution. He further submitted that the petitioner/A5 has been in judicialcustody since 17.08.2023. He submitted that the petitioner is a You-Tuber and not aperson engaged in any anti-social activities, and that he has been arrayed asAccused No. 5 in this case, though no contraband was recovered from him. He alsosubmitted that, based solely on the confession statement of a co-accused and on theground that he is a friend of A4, the petitioner has been added as an accused in thiscase. He further submitted that, except for the confession statement, there is no othermaterial available to establish the petitioner’s involvement in the alleged illegaltransportation of ganja, and that the petitioner has no previous case. He submittedthat the investigation has been completed and the charge sheet has been filed in3/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 2025C.C.No.65 of 2024 before the learned Judge, Special Court for EC and NDPS ActCases, Pudukkottai, Pudukkottai District. He further submitted that the case isposted for framing of charges, and therefore, there is no possibility of the trial beingcompleted in the near future. He also submitted that the petitioner is ready to abideby any stringent conditions that may be imposed by this Court. Accordingly, heprays to grant bail to the petitioner.5. Per contra, Mr.Arul Vadivel @ Sekar, learned Special Public Prosecutorappearing for the respondent-NCB, submitted that the respondent-NCB, aftercomplying with the provisions of the Act and the Rules, seized 423 kilograms ofganja in this case, which constitutes a commercial quantity. He further submittedthat the call detail records and other transactions between the accused persons wereplaced before this Court, which prima facie establish the involvement of thepetitioner in the commission of the offence. He submitted that a perusal of thestatements of A4 and the petitioner reveals that the petitioner was travelling withA4 in an Innova car near the Viralimalai Toll Gate, and that both were supervisingwhile A1 and A2 were transferring the contraband from the Ashok Leyland vehicleto the Mahindra Bolero Pickup vehicle. He also submitted that, on 15.08.2023, thetower locations of the petitioner and the other accused were found to be near the4/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 2025Viralimalai Toll Gate. Based on the above facts, he contended that the petitioner wasinvolved in the conspiracy, thereby attracting Section 29 of the NDPS Act. Hence,rigors stated in Section 37 of the NDPS Act would be applicable to petitioner.Therefore, he vehemently opposes to grant bail to the petitioner, stating that if bail isgranted, the petitioner may abscond, thereby delaying the trial proceedings.Accordingly, he prays to dismiss the petition. 6. Heard on both sides and perused the records.7. The earlier bail application in Crl.O.P (MD) No.1536 of 2024 was dismissedon 29.02.2024. The relevant portions are extracted hereunder:“5.Considering the above facts and circumstances of the case andalso considering the fact that the seized contraband involved in thiscase is a commercial quantity and the petitioner has not satisfied thetwin conditions as required under Section 37 of the NDPS Act, thisCourt is not inclined to grant bail to the petitioner. 6.However, after the seizure procedure is over, the concernedMagistrate and the respondent Police are directed to comply with theguidelines enumerated under section 52(A) of NDPS Act and as per theguidelines issued by the Hon'ble Supreme Court of India in the case ofUnion of India Vs. Mohanlal and Another ((2016) 3 SCC 379). 7.In the result, this Criminal Original Petition is dismissed. ”5/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 20258. A perusal of the records, including the Call Detail Records (CDR), revealsthat the petitioner had contacted A4 multiple times. A perusal of the tower locationof the petitioner and other accused's tower locations were near Virali Malai Tollgate. The above facts would prove that the accused was involved in the conspiracyattracting Section 29 of the NDPS Act. In this case, A1 (Parimala Doss @ Doss) hadpreferred a Petition for Special Leave to Appeal (Crl.) No(s).15025-15026 of 2024before the Hon'ble Supreme Court of India, and the same was dismissed. The entireset of records clearly reveals that the involvement of the petitioner is similar to thatof A1 in the commission of the offence. Hence, the rigors stated in Section 37 of theNDPS Act would be applicable to the present case. To be noted, the above view isrecorded only for the limited purpose of deciding the bail petition. The above view,in any way, would not cause prejudice to the rights of the petitioner to defend thecase during the Trial. In view of the facts and circumstances of the case, the nature ofthe offence allegedly committed by the petitioner, and considering the quantity ofcontraband involved in the case, which constitutes a commercial quantity, this Courtis not inclined to grant bail to the petitioner.6/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 20259. Accordingly, this Criminal Original Petition is dismissed. sd/- 29/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1.THE SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.2.THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, MADURAI SUB ZONAL, MADURAI DISTRICT.3.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.7/8 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.2515 of 20254.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.2515 of 2025 Date :29/04/2025 VN/12.05.2025 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8