High Court · 2025

CRL OP(MD). No.3955 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 08/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3955 of 2025B.Senthil Kumar, ... Petitioner/Accused No.2 VsThe State of Tamil Nadu,Rep by the Inspector of Police, NIBCID, Nagapattinam District. Crime No.53 of 2019 ... Respondent/Complainant For Petitioner : Mr.Sakthivel.K, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.53 of 2019 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 27.02.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 2025grant bail.2. The petitioner/Accused No.2 was arrested and remanded to judicial custodyon 14.01.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(C), 29(ii)(A)and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.53of 2019, on the file of the respondent-police. 3.The case of the prosecution is that, on 03.10.2019, at about 10:30 p.m., thedefacto complainant, the Inspector of Police, Mannarkudi Circle, Mannarkudi, alongwith his team, was conducting a vehicle check-up near Thangamani Building,situated on the Thanjavur–Thiruthuraipoondi Main Road. During the check-up, theyintercepted a white Xylo car bearing Registration No.TN-10-AE-5725. Upon seeingthe police, an unknown accused person fled from the vehicle. The driver of the car(A1) was apprehended. Upon search, it was found that the accused persons weretransporting 300 kgs of ganja in the said vehicle. The police seized the car along withthe contraband and handed it over to the respondent-police. In the year 2024, A1 gavea confession statement. Based on the said confession, the petitioner herein has beenarrayed as Accused No.2 in this case and was arrested on 14.01.2025. Hence, the case.4. Mr.K.Sakthivel, learned counsel appearing for the petitioner, submits that thepetitioner has nothing to do with the alleged offence and that only based on theconfession of A1, the petitioner has been arrayed as Accused No.2. He further submit2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 2025that the petitioner was arrested on 14.01.2025 and the respondent filed a charge sheet.He further submits that the petitioner is ready to abide by any conditions to beimposed by this Court. He further submits that if bail is granted to the petitioner, hewill not abscond. He further submits that except the confession, no other material orevidence is available on record against the petitioner. Therefore, he prays for grantingbail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the police seized 300 kgs of ganjafrom A1 on the spot, which constitutes a commercial quantity. He further submitsthat since the petitioner and the other accused persons purchased the contrabandwith a common intention to sell it illegally and earn money and the petitioner hasconnection with the crime, the recovery of ganja from the other accused personshould be taken into account and that the contraband seized from the other accusedpersons comes within the category of commercial quantity. Further, he submits thatthe rigors stated in Section 37 of the NDPS Act would be applicable to this case. Herelies upon the judgment of the Hon'ble Supreme Court in Narcotics Control Bureauv. Mohit Aggarwal, reported in (2022) 18 SCC 374. He further submits that therespondent-police filed counter and in the counter affidavit, it has been specificallystated as follows:3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 20255.I respectfully state that the mobile phone number9344469725 was used for communication, confirming that thefirst accused was engaged in the crime using the internet. Theevidence was submitted to the Court in compliance with Sect.63(4)(c)BSA 2023 Act, and the accused were produced before theSpecial Court for Essential Commodities, Thanjavur, for remand.Further, the police party made CDR request before the CrimeBranch, Nagapattinam, on the following phone Numbers viz.,9344469725 of the connected accused persons. Then, the policeparty made request to the motor vehicle Inspector for the vehiclesXylo Car bearing Registration No.TN 10 AE 5725 and obtainedfor the verification. 5.1. The learned Additional Public Prosecutor therefore prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 14.01.2025 and has been in judicial custodysince then. Admittedly, 300 kgs of contraband, which has been seized from A1 alone,is a commercial quantity. Except the confession of A1, no other material is availableon record to connect the petitioner with the above crime. In the absence of any4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 2025material connecting the petitioner with the alleged offence and in view of the fact thatno contraband was recovered from him, 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 the petitioner has made out prima facie case for grant ofbail and the further custody of the petitioner is not necessary in this case. It is to benoted that the above view is recorded only for the limited purpose of deciding thisbail petition. This view, in any way, would not cause any prejudice to the rights ofthe prosecution in establishing its case during the trial. Further, the petitioner haspermanent residence, and therefore, there is less possibility of absconding. 8. Considering the above and taking note of the period of incarceration, thisCourt is inclined to grant bail to the petitioner, however, subject to certain conditions.Accordingly, bail is granted to the petitioner subject to the following conditions: (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 District Judgefor EC and NDPS Act Cases, Thanjavur;(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 District Judge for EC and NDPS Act Cases,5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 2025Thanjavur, shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Principal District Judge for EC and NDPS Act Cases, Thanjavur;(iv) The petitioner shall appear and sign before the learned Principal DistrictJudge for EC and NDPS Act Cases, Thanjavur, on all working days, at 10.30 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;(vi) The petitioner shall not commit an offence similar to the offence of he isaccused, 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 hisfrom 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 PrincipalDistrict Judge for EC and NDPS Act Cases, Thanjavur, is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283].6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3955 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 08/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. VSGTO1 THE PRINCIPAL DISTRICT JUDGEFOR EC AND NDPS ACT CASES, THANJAVUR.2 THE OFFICER INCHARGE,DISTRICT PRISON, NAGAPATTINAM.3 THE INSPECTOR OF POLICE, NIBCID, NAGAPATTINAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.SAKTHIVEL, Advocate ( SR-4128[I] dated 09/04/2025 ) ORDER IN CRL OP(MD) No.3955 of 2025 Date :08/04/2025SA/SAR. /09.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7