High Court · 2025

CRL.OP (MD) No.3392 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 26.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP (MD) No.3392 of 2025V.Parthiban... Petitioner / Accused No.4Vs.The State of Tamil Nadu rep byThe Inspector of Police,PEW Madurai City P.S., Madurai District.(Crime No.706 of 2024)... 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.427 of 2024 on the file of the II Additional District Judge for EC and NDPSCases, Madurai in connection with Crime No.706 of 2024 on the file of therespondent-police. For Petitioner : Mr.C.Kannan, Advocate. For Respondent :Mr.R.Meenakshi Sundaram,Additional Public ProsecutorORDER : The Court made the following order :-1/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025This Criminal Original Petition has been filed by the petitioner on 20.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail. 2. The petitioner/A4 was arrested and remanded to judicial custody on29.06.2024 for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) and29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.706 of2024 on the file of the respondent-police. 3. The case of the prosecution is that on 12.06.2019, at about 23.00 hours, theSub-Inspector of Police received secret information about the sale of 'Ganja'. Based onthe same, the police party proceeded to the spot and intercepted A3. Upon search, thepolice found that A3 was in possession of 4.750 kilograms of ganja and seized thesame. A3 confessed that he had purchased it from A1. Based on this information, onthe following day, i.e., in continuation of the proceedings, the police team went to thehouse of A1. At that time, on seeing the police, A1 escaped from the place. A3 wentinto the house of A1 and handed over a bag taken from the house, which contained28.140 kilograms of ganja. Thereafter, A1 surrendered before the learned JudicialMagistrate No.IV, Madurai, on 15.06.2024 and was remanded to judicial custody. On2/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 202521.06.2024, based on the confession of A1, the respondent-police recovered 1.250kilograms of ganja, which A1 had also kept hidden in another house. A1 furtherinformed the police about the involvement of A2 and the petitioner/A4. Accordingly,on 28.06.2024, A2 and the petitioner/A4 were arrested while they were travelling in acar, and 5 kilograms of ganja was seized from them. Based on their confession, itcame to light that A5 is the wholesale dealer from whom A2 and the petitioner/A4had purchased ganja and sold the same to A1, from whom A3 had purchased it.There are a total of five accused persons in this case, and the petitioner has beenarrayed as A4. A5 is still absconding. Thus, a total of 39.140 kilograms of ganja wasseized from all the accused persons. Hence, the case. 4. Mr.C.Kannan, the learned counsel appearing for the petitioner, submits, thatthe petitioner has nothing to do with the alleged offence. He further submits that afalse case has been foisted against the petitioner and that the petitioner has been inincarceration since 29.06.2024. He further submits that the investigation has beencompleted and the final report has been filed, which was taken by the file of thelearned Special Judge, Principal Special Court for NDPS Act cases, Madurai Districtin C.C.No.427 of 2024. He further submits that the petitioner is ready to abide by anyconditions that may be imposed by this Court. Therefore, he prays for granting bail to3/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025the petitioner. 5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that there are a total of fiveaccused persons in this case, and the petitioner has been arrayed as A4. He furthersubmits that A5 is the wholesale dealer from whom A2 and the petitioner/A4 hadpurchased ganja and sold it to A1, who, in turn, sold it to A3. He further submits thatthere is one previous case against the petitioner. He also submits that since thepetitioner and the other accused persons purchased the contraband with a commonintention to sell it illegally and earn money and all the recoveries and seizures aroseout of the same course of events, the recovery of ganja from the other accusedpersons should be taken into account while deciding whether the contrabandconstitutes a commercial quantity or not, and that the total contraband seized from allthe accused persons comes within the category of commercial quantity. Further, hesubmits that the rigors stated in Section 37 of the NDPS Act would be applicable tothis case. He relies upon the judgment of the Hon'ble Supreme Court in NarcoticsControl Bureau v. Mohit Aggarwal, reported in (2022) 18 SCC 374. The learnedAdditional Public Prosecutor therefore prays to dismiss this Criminal OriginalPetition.4/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 20256. This Court has considered the rival submissions made. This Court hasperused records including the FIR and the Charge Sheet. 7. A bare perusal of the FIR would show that on 12.06.2019, the respondent-police seized 4.750 kgs of ganja from A3, and on the following day, i.e., incontinuation of the proceedings, the respondent-police, based on the information ofA3, went to the house of A1. At that time, on seeing the police, A1 escaped from theplace. A3 went into the house of A1 and handed over a bag taken from the house,which contained 28.140 kilograms of ganja. A perusal of the other records, includingthe charge sheet, would show that A1 surrendered before the learned JudicialMagistrate No.IV, Madurai, on 15.06.2024 and was remanded to judicial custody. On21.06.2024, based on the confession of A1, the respondent-police recovered 1.250kilograms of ganja, which A1 had also kept hidden in another house. A perusal of theFinal Report filed by the respondent-police and the other records would further showthat on 28.06.2024, i.e., 16 days from the date of the first seizure, the respondent-police arrested the petitioner (A4) and A2 and seized 5 kgs of ganja from them, whichis admittedly an intermediate quantity. The submission of the learned AdditionalPublic Prosecutor is that the previous recoveries of ganja from the co-accused persons5/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025should be taken into account while deciding whether the contraband constitutes acommercial quantity or not. This Court is not inclined to accept the above submissionfor the reason that the seizures were not made at the same time. Hence, this Court isof the view that even though the case of the prosecution is that on 12.06.2024, 4.750kgs of ganja was recovered from A3, and 28.140 kgs of ganja was recovered from thehouse of A1 with the help of A3, and on 21.06.2024, 1.250 kgs of ganja was recoveredfrom A1, the quantity of contraband seized from A2 and the petitioner/A4 (5 kgs) on28.06.2024 is intermediate, and the rigors stated in Section 37 of the NDPS Act wouldnot be applicable to the case of the petitioner. To be noted, the above view is recordedonly for the purpose of deciding the bail petition. The above view, in any way, wouldnot cause any prejudice to the rights of the prosecution in establishing the case duringthe trial. Considering the same and also taking note of the period of incarceration andwith a view to give an 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 Judge, II Additional6/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025District Court for EC and NDPS Act cases, Madurai District.(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 Judge, II Additional District Court for EC and NDPS Actcases, Madurai District shall obtain a copy of any one of identity proofs to ensuretheir identity.(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judge, II Additional District Court for EC and NDPS Act cases, MaduraiDistrict.(iv) The petitioner shall appear and sign before the learned Judge, II AdditionalDistrict Court for EC and NDPS Act cases, Madurai District, on all working days, at10.00 a.m. until further orders.(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023.7/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025(vi) The petitioner shall not commit an offence similar to the offence of which heis accused, or suspected, of the commission of which he is suspected.(vii) 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.(viii) On breach of any of the aforementioned conditions, the learned Judge, IIAdditional District Court for EC and NDPS Act cases, Madurai District is entitled topass appropriate 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].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 26/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 8/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.3392 of 2025palTO1 THE II ADDITIONAL DISTRICT JUDGE, FOR EC AND NDPS ACT CASES, MADURAI DISTRICT.2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.3 THE INSPECTOR OF POLICE, PEW MADURAI CITY POLICE STATION, MADURAI CITY.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.KANNAN, Advocate ( SR-3500[I] dated 26/03/2025 ) ORDER IN CRL OP(MD) No.3392 of 2025 Date :26/03/2025 HPS/SAR / 27.03.2025/9P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 9/9