High Court · 2025

CRL OP (MD) No.4181 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 15/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4181 of 2025Tamil Selvi ... Petitioner/Accused No.3VsThe State of Tamil NaduRep. by the Inspector of Police, Usilampatti Town Police Station,Madurai District,Crime No.382/2022 ... Respondent/ComplainantFor Petitioner : Ms.P.Sivaranjini, Advocate, for M/s.P.Thanga Prithvi RajanFor Respondent : Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-To grant bail to the petitioner in C.C.No.319 of 2023 on the file of the PrincipalSpecial Court for Trial of Narcotic Drugs and Psychotropic Substances Act Cases,Madurai in connection with Crime No.382 2022 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 04.03.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 2025grant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 07.01.2025. The petitioner is facing trial in C.C.No.319 of 2023 on the file of thelearned Principal Special Court for trial of NDPS Act Cases, Madurai, for the offencespunishable under Sections 8(c) r/w 20(b)(ii)(C), 29(1) and 27(A) of NDPS Act, 1985, inconnection with Crime No.382 of 2022, on the file of the respondent-police.3.The case of the prosecution is that, on 22.09.2022, at about 07.00 hours, theCircle Inspector of Police, Usilampatti, received secret information regarding theillegal transportation of ganja by the accused persons. He immediately informed theSuperintendent of Police, Usilampatti Sub-Division. Based on this information, therespondent-police proceeded to Annanagar Colony, Mamarathupatti. There, theyintercepted the accused persons. On seeing the police party, the accused personsattempted to flee from the scene. However, the respondent-police apprehended them,conducted a search of their travel bags, and found that they were carrying 22 kgs ofganja. The contraband was seized by the respondent-police. Based on the confessionof Accused Nos. 1 and 2, the petitioner herein was arrayed as Accused No.3 in thiscase and was arrested on 07.01.2025. Hence, the case. 4. Ms.P.Sivaranjini, learned counsel appearing for the petitioner, submits thatthe petitioner has nothing to do with the alleged offence. She further submits that2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 2025only based on the confession of A1 and A2, the petitioner has been arrayed asAccused No.3. and that except the confession, no other material or evidence isavailable on record against the petitioner. She further submit that the petitioner hasbeen in judicial custody since 07.01.2025 and is ready to abide by any conditions to beimposed by this Court. She further submits that the respondent filed a charge sheet.She further submits that if bail is granted to the petitioner, she will not abscond.Therefore, she prays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the police seized 22 kgs of ganjafrom A1 and A2 on the spot, which constitutes a commercial quantity. He furthersubmits that since all accused persons, including the petitioner, conspired togetherand purchased the contraband with a common intention to sell it illegally and earnmoney and the petitioner has connection with the crime, the recovery of ganja fromthe other accused person should be taken into account and that the contraband seizedfrom the other accused persons comes within the category of commercial quantity.Further, he submits that the rigors stated in Section 37 of the NDPS Act would beapplicable to this case. He relies upon the judgment of the Hon'ble Supreme Court inNarcotics Control Bureau v. Mohit Aggarwal, reported in (2022) 18 SCC 374. Thelearned Additional Public Prosecutor therefore prays to dismiss this Criminal3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 2025Original Petition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 07.01.2025 and has been in judicial custodysince then. Admittedly, 22 kgs of contraband, which has been seized from A1 and A2,is a commercial quantity. Except the confession of A1 and A2, no other acceptablematerial is available on record to connect the petitioner with the above crime. In theabsence of any material connecting the petitioner with the alleged offence and inview of the fact that no contraband was recovered from him, it cannot be stated thatthe rigors stated in Section 37 of the NDPS Act would be applicable to the petitioner.Therefore, this Court is of the opinion that the petitioner has made out prima faciecase for grant of bail and therefore, the further custody of the petitioner is notnecessary in this case. It is to be noted that the above view is recorded only for thelimited purpose of deciding this bail petition. This view, in any way, would not causeany prejudice to the rights of the prosecution in establishing its case during the trial.Further, the petitioner has permanent residence, and therefore, there is less possibilityof 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:4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 2025(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 Court for Trial ofNDPS 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 Court for Trial of NDPS Act Cases,Madurai, shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish her residential address and mobile number tothe learned Principal Special Court for Trial of NDPS Act Cases, Madurai;(iv) The petitioner shall appear and sign before the learned Principal SpecialCourt for Trial of NDPS Act Cases, Madurai, on all working days, at 10.30 a.m., untilfurther 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 she isaccused, or suspected, of the commission of which she 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 him5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 2025from 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 PrincipalSpecial Court for Trial of NDPS Act Cases, Madurai, 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].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 15/04/2025/ TRUE COPY / 16/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. vsgTO1 THE PRINCIPAL SPECIAL COURT FOR TRIAL OF NDPS ACT CASES, MADURAI.2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI..3 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4181 of 20254 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4181 of 2025 Date :15/04/2025RS//SAR-(16.04.2025) 7P 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7