High Court · 2025

CRL OP (MD) No.5069 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 23.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.5069 of 2025M.Mohanasundaram... Petitioner/Accused No.7Vs.The State of Tamil NaduRep. by the Inspector of Police,PEW Alangudi P.S.,Pudukottai District.Crime No.876 of 2023... Respondent/ComplainantFor Petitioner: Mr.C.Kannan AdvocateFor Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For bail in Crime No.876 of 2023 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 17.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 prayingto grant bail.2. The petitioner/A7 was arrested and remanded to judicial custody on13.11.2024 for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.876 of2023 on the file of the respondent-police.3. The case of the prosecution is that, based on secret information, on18.08.2023 at about 09:20 a.m., when the respondent-police, along with the CoastGuard, were on surveillance at the beach near Kumarappanvayan CremationGround, they found Accused No.3 standing with a white bag and arrested him.Upon searching the bag, the respondent-police found that Accused No.1 was inpossession of 31 kg of ganja, and they seized the same along with two two-wheelersbearing Registration Nos. TN-75-AF-0878 and TN-32-AY-3766, which were used fortransporting the ganja.3.1. During enquiry, it came to light that the accused persons had alreadytransported four bags of ganja to Sri Lanka via boat on 17.08.2023 and hadattempted to transport the remaining one bag of ganja, and that the petitioner was2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025also involved in the crime. According to the prosecution, the petitioner had illegallytransported 31 kg of ganja in his vehicle bearing Registration No.TN-01-AB-8544,and thereafter, sold the vehicle to one Mohammed Rafiq. The said vehicle wasseized from Mohammed Rafiq on 25.09.2024. Hence, the case.4. Mr.C.Kannan, learned counsel appearing for the petitioner, submits that thepetitioner did not commit any offence as alleged by the prosecution and that he hasbeen falsely implicated in this case. He further submits that the petitioner has oneprevious case and the same ended in acquittal on 24.03.2025 in C.C.No.46 of 2024 onthe file of the II Additional NDPS Court, Pudukottai. He further submits that thereis no material available on record to show that the petitioner has committed theoffence, and hence, the rigors stated in Section 37 of NDPS Act, 1985 would not beapplicable to the petitioner. He further submits that the petitioner has been injudicial custody since 13.11.2024 and is ready to abide by any condition that may beimposed by this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the petitionertransported the contraband (31 kg of ganja) in his vehicle bearing RegistrationNo.TN-01-AB-8544, and thereafter, with the sole intention of evading liability for thecrime, sold the vehicle to one Mohammed Rafiq. He further submits that the3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025petitioner was actively involved in the offence. He also submits that during theinvestigation, the investigating agency collected sufficient material, which shows theinvolvement of the petitioner in the crime. As far as the present petitioner isconcerned, the investigation is still ongoing, and at this stage, if bail is granted, hemay abscond and delay the investigation. He further submits that the contraband(31 kg of ganja) seized from Accused No.3 constitutes a commercial quantity, andsince the petitioner was directly involved in the crime, the rigours of Section 37 ofthe NDPS Act, 1985, would be applicable. Accordingly, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides and perused the records.7. On 18.03.2023, the respondent-police interrogated Accused No.3 and seized31 kg of ganja from him. Based on his confession, the present petitioner has beenarrayed as Accused No.7. The petitioner was arrested on 13.11.2024 and has been injudicial custody since then. As on date, except for the confession and the recovery ofthe vehicle bearing Registration No.TN-01-AB-8544, no other material is available onrecord to connect the petitioner with the alleged crime. Further, the previous caseagainst the petitioner in C.C.No.46 of 2024 on the file of the II Additional NDPSCourt, Pudukottai, ended in acquittal. The above view is recorded only for thepurpose of deciding this bail application and in any way, would not cause prejudice4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025to the prosecution in establishing its case during trial. In view of the facts andcircumstances and considering the period of incarceration, this Court is inclined togrant bail to the petitioner, however, subject to certain conditions. Accordingly, bailis 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 Additional DistrictJudge for EC and NDPS Act Cases, Pudukottai;(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 for EC and NDPS Act Cases,Pudukottai 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 Additional District Judge for EC and NDPS Act Cases, Pudukottai;(iv) The petitioner shall appear and sign before the learned Additional DistrictJudge for EC and NDPS Act Cases, Pudukottai 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;5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025(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 learnedAdditional District Judge for EC and NDPS Act Cases, Pudukottai is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court 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/- 23/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbi6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5069 of 2025To1.The Additional District Judge for EC and NDPS Act Cases, Pudukottai2.The officer-in-charge, District Jail, Pudukottai.3.The Inspector of Police, PEW, Alangudi P.S., Pudukottai District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.C.KANNAN, Advocate ( SR-4617[I] dated 23/04/2025 ) ORDER IN CRL OP(MD) No.5069 of 2025 Date :23/04/2025 PR/SAR /23.04.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7