High Court · 2025

CRL.OP (MD) No.4526 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTReserved on : 04.04.2025Pronounced on : 09.04.2025COROMTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP (MD) No.4526 of 2025A.Ajithkumar... Petitioner / Accused No.5Vs.The State of Tamil Nadu rep byThe Inspector of Police,NIB-CID,Trichy District.(Crime No.17 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.61 of 2024 on the file of the learned Additional District Judge, Special Courtfor Trial of NDPS Act Cases, Pudukkottai in connection with Crime No.17 of 2023 onthe file of the respondent-police. For Petitioner : M/s.P.Krishnaveni, Advocate. 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 07.03.20251/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.5 was arrested and remanded to judicial custodyon 27.12.2023 for the alleged offences punishable under Sections 8(c) and 20(b)(ii)(C)of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.17 of 2023on the file of the respondent-police. After investigation, the charge sheet has beenfiled and the same was taken on file by the learned Additional District Judge, SpecialCourt for Trial of NDPS Act Cases, Pudukkottai in C.C.No.61 of 2024.3. The case of the prosecution is that, on 05.12.2023, at about 08:00 a.m., thedefacto complainant, the Inspector of Police, along with his team, was conducting aninspection at Trichy Railway Station to ascertain whether any ganja was beingtransported in the Howrah Express. At that time, while the respondent-police wereconducting checks on the 4th and 5th platforms, Accused Nos.1 and 2 were foundbehaving in a suspicious manner. On seeing the police, A2, after handing over ashoulder bag to A1, fled from the spot. A1 was apprehended, and upon enquiry, itwas found that they were in possession of 20.780 kgs of ganja. A1 gave a confessionstatement stating that two other accused persons were waiting outside in a car. Based2/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025on this information, the respondent-police went outside and arrested A3. Anotheraccused person, who was in the car bearing Registration No.TN-55-BW-9597, escapedfrom the scene by driving the car away. A3, in his confession statement, stated thatthe said vehicle belonged to A4 and was being driven by the petitioner (A5). Onfurther enquiry, it was revealed that the accused persons had purchased the ganjafrom Andhra Pradesh and transported it by train. The petitioner (A5) wassubsequently arrested. Hence, the case.4. M/s.P.Krishnaveni, learned counsel for the petitioner, submitted that thepetitioner is an innocent person and has not committed any offence as alleged by theprosecution. She further submitted that the petitioner (A5) has been in judicialcustody since 27.12.2023, that no contraband was recovered from the petitioner (A5),and that he is merely a friend of A3. She submitted that the respondent-police,without conducting a proper preliminary enquiry, arrayed the petitioner as A5 solelybased on the confession statement given by A3. She further submitted that A3 wasgranted bail by this Court in Crl.O.P.(MD) No. 2470 of 2025, vide order dated26.02.2025. She also submitted that the investigation has been completed and thecharge sheet has been filed in C.C.No.61 of 2024 before the learned AdditionalDistrict Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai. She, however,3/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025submitted that the petitioner is ready to abide by any stringent conditions that maybe imposed by this Court. Accordingly, she prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submitted that the respondent-police, aftercomplying with the provisions of the Act and Rules, seized 20.780 kgs of ganja fromA1, which constitutes a commercial quantity. Therefore, the petitioner has notsatisfied the twin conditions stipulated under Section 37 of the Narcotic Drugs andPsychotropic Substances Act, 1985. He further submitted that there are 21 previouscases pending against the petitioner. He also produced, before this Court, the calldetail records and information regarding the money transactions between theaccused persons. Accordingly, he vehemently opposes to grant bail to the petitioner,stating that if bail is granted, the petitioner may abscond and thereby delay the trialproceedings. Accordingly, he prays to dismiss the petition. 6. Heard on both sides. This Court has perused the records.7. A perusal of the records, including the Call Detail Record (CDR), wouldshow that the petitioner (A5) contacted A3, who is, according to the petitioner, hisfriend, only three times during the month of December 2022. Apart from that, there is4/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025no evidence of any contact between them, even on the date of the alleged occurrence.A further perusal of the records reveals that there are no other materials availableagainst the petitioner, except the confession of a co-accused (A3). In the absence ofany material connecting the petitioner (A5) with the alleged offence, it cannot bestated that the rigors stated in Section 37 of the NDPS Act would be applicable to thepetitioner. Therefore, this Court is of the opinion that further custody of the petitioneris not necessary in this case. It is to be noted that the above view is recorded only forthe limited purpose of deciding this bail petition. This view, in any way, would notcause any prejudice to the rights of the prosecution in establishing its case during thetrial. Considering the above and also considering the fact that after investigation, thecharge sheet has been filed and the same was taken on file by the learned AdditionalDistrict Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai in C.C.No.61of 2024, this Court is inclined to grant bail to the petitioner, however, subject tocertain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only)along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousandonly) to the satisfaction of the learned (*) Additional District Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai.5/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 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 (*) Additional District Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai shall obtain a copy of any one of identity proofs toensure their identity.(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023.(iv) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected.(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 (*) Additional District Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai on all6/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025working 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 (*) Additional District Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai.(x) On breach of any of the aforementioned conditions, the learned(*) Additional District Judge, Special Court for Trial of NDPS Act Cases, Pudukkottai is entitled to pass appropriate orders against the petitioner inaccordance with law as if the aforementioned conditions are imposed by him as laiddown by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC283].7/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 09/04/2025(*)Corrected as per Order of this Hon'ble Courtdt.16/04/2025 in Crl.OP(MD).4526/2025. / TRUE COPY / 17/04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. PALTO BE SUBSTITUTED WITH THE ORDER DT.09/04/2025 IS ALREADYDESPATCHEDTO1 THE PRINCIPAL SPECIAL JUDGEFOR TRIAL OF NDPS ACT CASES, MADURAI.2 THE ADDITIONAL DISTRICT JUDGE, SPECIAL COURT FOR TRIAL OF NDPS ACT CASES, PUDUKKOTTAI3 THE INSPECTOR OF POLICE, NIB CID, TRICHY DISTRICT.4 THE SUPERINTENDENTCENTRAL PRISON, TRICHY DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 8/9 https://www.mhc.tn.gov.in/judis CRL.OP (MD) No.4526 of 2025+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-4145[I] dated 09/04/2025 ) ORDER IN CRL OP(MD) No.4526 of 2025 Date :09/04/2025 SS/SAR- /09/04/2025/ 9P/6CTRPSA/SAR. /17.04.2025/9P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 9/9