High Court · 2025

CRL OP (MD) No.3863 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 04/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.3863 of 2025Sasikumar... Petitioner/A10 VsThe State of Tamil NaduRep. by the Inspector of Police, Tenkasi Police Station, Tenkasi District. Crime No.582 of 2023... Respondent/ComplainantFor Petitioner: Mr.N.Balasubramanian AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner / Accused No.10 on bail in C.C.No.170 of 2024 on thefile of the I Additional Special Court for Trial of Narcotic Drug and PsychotropicSubstances Act cases, Madurai in Crime No.582 of 2023 on the file of therespondent-police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 26.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.2. The petitioner/A10 was arrested and remanded to judicial custody on05.01.2024 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C) and 29(1)of NDPS Act in Crime No.582 of 2023 on the file of the respondent-police. Thepetitioner is facing trial in C.C.No. 170 of 2024 on the file of the I Additional SpecialCourt for Trial of Narcotic Drug and Psychotropic Substances Act cases, Madurai.3. The case of the prosecution is that based on the secret information, on29.12.2023 at about 05.30 hours, when the respondent-police were conducing avehicle check-up near Ayyapuram Junction, they found that A1 to A5 were found inpossession of 22 kgs of Ganja in Bolaro Vehicle. Based on their confession, thepetitioner herein was arrayed as A10. 4. Mr.N.Balasubramainan, learned counsel appearing for the petitioner,submits that the petitioner is an innocent person, that he has not committed anyoffence as alleged by the prosecution, and that a false case has been foisted againstthe petitioner. He further submits that the petitioner has been in judicial custodysince 05.01.2024 and is ready to abide by any conditions that may be imposed by this2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 2025Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that the contrabandrecovered from the accused persons is a commercial quantity and that the earlierpetition filed by the petitioner was dismissed by this Court vide order dated15.10.2024 in Crl.O.P. (MD) No.16479 of 2024 with a direction to the Trial Court todispose of C.C.No.170 of 2024 pending on the file of the I Additional Special Courtfor Trial of Narcotic Drugs and Psychotropic Substances Act cases, Madurai. Hefurther submits that since the petitioner and the other accused persons purchasedthe contraband with a common intention to sell it illegally and earn money and therecoveries and seizures arose out of the same course of events and the petitioner hasconnection with the crime, the recovery of ganja from other accused persons shouldbe taken into account and that the contraband seized from others accused personscomes within the category of commercial quantity. Further, he submits that therigors stated in Section 37 of the NDPS Act would be applicable to this case. Thelearned Additional Public Prosecutor therefore prays to dismiss this CriminalOriginal Petition.6. Heard on both sides. This Court has perused the records.3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 20257. The petitioner was arrested only based on the confession of the co-accused.Except the confession, there is no material available on record to show that thepetitioner has committed the offence. The submission of the learned AdditionalPublic Prosecutor is that since the petitioner/A10 has a direct connection with theother accused persons with regard to the purchase and transportation of ganja, therecoveries of ganja from the other accused persons should be taken into account.This Court is not inclined to accept the above submission for the reason that nocontraband was recovered from the petitioner. Hence, this Court is of the view thatthe rigors stated in Section 37 of the NDPS Act would not be applicable to the case.To be noted, the above view is recorded only for the purpose of deciding the bailpetition. The above view, in any way, would not cause any prejudice to the rights ofthe prosecution in establishing the case during the trial. The petitioner has been injudicial custody since 05.01.2024. Considering the same and also considering theperiod of incarceration, this Court is inclined to grant bail to the petitioner, however,subject to certain conditions. Accordingly, bail is granted to the petitioner subject tothe 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 I Additional Special Judge for Trialof Narcotic Drugs and Psychotropic Substances Act Cases, Madurai; 4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 2025(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 I Additional Special Judge for Trial of Narcotic Drugsand Psychotropic Substances Act Cases, Madurai shall obtain a copy of any one ofidentity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned I Additional Special Judge for Trial of Narcotic Drugs and PsychotropicSubstances Act Cases, Madurai; (iv) The petitioner shall appear and sign before learned I Additional SpecialJudge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai,on all working days, at 10.30 am until further orders. Further, the petitioner shall co-operate with trial proceedings. (v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) 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;(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; and(viii) On breach of any of the aforementioned conditions, the learned IAdditional Special Judge for Trial of Narcotic Drugs and Psychotropic SubstancesAct Cases, Madurai is entitled to pass appropriate orders against the petitioner inaccordance with law as if the aforementioned conditions are imposed by him as laid5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 2025down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 04/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TRP To1. The Judge, I Additional Special Court for Trial of Narcotic Drugs and Psychotropic Substances Act cases, Madurai.2.The Superintendent, Central Prison, Palayamkottai.3.The Inspector of Police, Tenkasi Police Station, Tenkasi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3863 of 2025 ORDER IN CRL OP(MD) No.3863 of 2025 Date :04/04/2025 MK/SAR /04.04.2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7