High Court · 2025

CRL.OP (MD) No.3628 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 08.05.2025CORAMTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP (MD) No.3628 of 2025Eswaran,S/o.Murugan... Petitioner / Accused No.5Vs.The State of Tamil Nadu rep by,The Inspector of Police, Kadamalaikundu Police Station,Theni District.(Crime No.35 of 2023)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 483 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner inC.C.No.808 of 2023 pending on the file of the Principal Special Court for Trial ofNarcotic Drugs and Psychotropic Substances Act Cases, Madurai in connection withCrime No.35 of 2023 on the file of the respondent-police. For Petitioner : Mr.S.Jeyaprakash, Advocate.1/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025 For respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 24.02.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying togrant bail to the petitioner in C.C.No.808 of 2023 pending on the file of the PrincipalSpecial Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases,Madurai, in connection with the Crime No.35 of 2023 on the file of the respondent-police.2. The petitioner / Accused No.5 was arrested and remanded to judicialcustody on 24.11.2023 for the alleged offences punishable under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985[in short “NDPS Act”], in Crime No.35 of 2023 on the file of the respondent-police.After investigation, the charge heet has been filed and the same was taken on file bythe Principal Special Court for Trial of Narcotic Drugs and Psychotropic SubstancesAct Cases, Madurai in C.C.No.808 of 2023.3. The case of the prosecution is that on 24.01.2023, at about 15:30 hours, theSub-Inspector of Police, Kadamalaikundu Police Station, received secret informationregarding the possession of ganja. The Sub-Inspector, accompanied by other police2/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025officials, proceeded to conduct vehicle checks near Ayyanar Temple,Ayyanaarpuram. During the vehicle check, a Bolero Pickup vehicle bearingRegistration No.TN-55-CZ-1518 was intercepted and conducted a search which ledto the recovery of 61 kgs of ganja from A1 and A2. Based on the confessionstatement of the co-accused, the petitioner herein, who is arrayed as A5, wasimplicated in the case. Hence, the case.4. Mr.S.Jeyaprakash, the learned counsel for the petitioner, submitted that thepetitioner is an innocent person and that he has not committed any offence asalleged by the prosecution. He further submitted that the petitioner has been falselyimplicated in this case based on the confession statement of A1 and A2. He furthersubmitted that there was no recovery of contraband from the Petitioner/AccusedNo.5, and that he was not present at the scene of occurrence at the time of seizure.He further submitted that the respondent-police has not followed any mandatoryprocedures provided under the NDPS Act. He also submitted that the investigationhas been completed and the charge sheet has been filed in C.C.No.808 of 2023 beforethe learned Principal Special Court for Trial of Narcotic Drugs and PsychotropicSubstances Act Cases, Madurai. He further submitted that the case has been postedfor trial on 07.05.2025 and, since the case is in its nascent stage, the trial is not likelyto be completed within a short span of time. However, he, submitted that the3/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025petitioner is ready to abide by any stringent conditions that may be imposed by thisCourt. Accordingly, he prayed to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submitted that the respondent-police, after complying with the provisions of the Act and Rules, seized 61 kgs ofganja in this case, which constitutes a commercial quantity. He further submittedthat the Petitioner and Accused No.2, who is a receiver of the contraband, were incontact through frequent phone calls. The Call Detail Records (CDR) alsocorroborate this and thereby evidencing their criminal conspiracy. He alsosubmitted that the above facts would prove that the accused was involved in theconspiracy attracting Section 29 of the NDPS Act. He further submitted thatinvestigation revealed that A1 was engaged in loading and unloading goodsbetween Visakhapatnam and Kochi. During this time, A3 instructed A1 to load 60kilograms of ganja into his pickup truck along with fish and to deliver thecontraband to A2 near K.Vilakku Junction. Following the instructions of A3, A1identified A2, and both proceeded via a crossroad towards Kerala. It was during thisjourney that they were apprehended with the ganja. Subsequently, A2 confessedthat he, along with his friend (petitioner herein) was involved in procuring ganjafrom Andhra Pradesh. Based on this confession and other materials collected during4/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025the investigation, the present case was registered against the petitioner and othersunder Sections 8(c) read with 20(b)(ii)(C), 25, and 29(1) of the NDPS Act. ThePetitioner has been arrayed as Accused No.5. All the accused persons conspiredtogether in furtherance of a common intention and were part of the sametransaction. The total quantity of ganja seized from the accused persons, collectivelyamounting to 61 kgs of ganja, forms the subject matter of Crime No.35 of 2023.Hence, rigors stated in Section 37 of the NDPS Act would be applicable to petitioner.Therefore, he vehemently opposed to grant bail to the petitioner, stating that if bailis granted, the petitioner may abscond and thereby delay the trial proceedings.Accordingly, he prayed to dismiss the petition. 6. Heard on both sides. This Court has perused the records.7. This the third bail application filed by the petitioner. The first bailapplication in Crl.O.P(MD).No.6479 of 2024 was dismissed on 03.06.2024. Therelevant portions are extracted hereunder:“5.Considering the antecedents of the petitioner and thefrequency of contact with A2 from whom the contraband has beenrecovered, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed ”7.1. The second bail application in Crl.O.P(MD).No.16291 of 2024 wasdismissed on 27.09.2024. The relevant portions are extracted hereunder:5/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025“4.Considering the materials as against this petitioner,considering the quantity involved in this case and the bar underSection 37 of the NDPS Act, this Court is not inclined to grant bail tothis petitioner. Accordingly, this Criminal Original Petition isdismissed.”8. Admittedly, the petitioner has been arrayed as an accused only based on theconfession statements given by A1 and A2. It is pertinent to note that A4 has alreadybeen granted bail by this Court in Crl.O.P.(MD).No.4695 of 2024, dated 22.04.2024. Aperusal of the case records, including the Call Detail Records (CDR), reveals that thepetitioner and A2 were in contact; however, since they are residents of the samelocality, such communication may be considered natural and not inherentlysuspicious. Apart from this, there is no other prima facie material available todirectly connect the petitioner with the alleged crime. A further perusal of therecords reveals that there are no other materials available against the petitioner,except the confession of co-accused. In the absence of any material connecting thepetitioner (A5) with the alleged offence, it cannot be stated that the rigors stated inSection 37 of the NDPS Act would be applicable to the petitioner. Therefore, thisCourt is of the opinion that further custody of the petitioner is not necessary in thiscase. It is to be noted that the above view is recorded only for the limited purpose ofdeciding this bail petition. This view, in any way, would not cause any prejudice tothe rights of the prosecution in establishing its case during the trial. Considering the6/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025above and also considering the fact that after investigation, the charge sheet hasbeen filed and the same was taken on file by the Principal Special Court for Trial ofNarcotic Drugs and Psychotropic Substances Act Cases, Madurai in C.C.No.808 of2023 and also considering the period of incarceration undergone by the petitioner,this Court is inclined to grant bail to the petitioner. Accordingly, bail is granted tothe petitioner subject to the following conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Principal Special Judge for Trial ofNarcotic Drugs and Psychotropic Substances 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 for Trial of Narcotic Drugs andPsychotropic Substances Act Cases, Madurai shall obtain a copy of any one ofidentity proofs to ensure their identity.(iii) The petitioner shall attend in accordance with the conditions of the bondto be executed under Chapter XXXV of BNSS, 2023.(iv) The petitioner shall not commit an offence similar to the offence of whichhe is accused, or suspected, of the commission of which he is suspected.7/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 2025(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 appear and sign before the learned Principal SpecialJudge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Maduraion all working days at 10.30 a.m. until further orders.(vii) The petitioner shall not leave Tamil Nadu without prior permission of theTrial Court.(viii) The petitioner shall appear on all hearing dates and co-operate with theTrial Court for speedy disposal of the case.(ix) The petitioner shall furnish his residential address and mobile number tothe concerned learned Principal Special Judge for Trial of Narcotic Drugs andPsychotropic Substances Act Cases, Madurai.(x) On breach of any of the aforementioned conditions, the learned PrincipalSpecial Judge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases,Madurai is entitled to pass appropriate orders against the petitioner in accordancewith law as if the aforementioned conditions are imposed by him as laid down bythe Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].8/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3628 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. palTO1 THE PRINCIPAL SPECIAL JUDGE FOR TRIAL OF NARCOTIC DRUGS ANDPSYCHOTROPIC SUBSTANCES ACT CASES, MADURAI.2 THE OFFICER-INCHARGE, SUB-JAIL, THENI.3 THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRASHIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.3628 of 2025 Date :08/05/2025 NBF/SAR/09.05.2025 9P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 9/9