High Court · 2025

CRL OP (MD) No.6870 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6870 of 2025Doss @ Micheal Doss... Petitioner/Accused No.4 Vs.The State of Tamil NaduRep. by the Inspector of Police,PEW- Melur Police Station,Madurai.Crime No. 569 of 2024... Respondent/ComplainantFor Petitioner: Mr.P.Suresh AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No. 569 of 2024 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 09.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.2. The petitioner/Accused No.4 was arrested and remanded to judicialcustody on 07.02.2025 for the alleged offences punishable under Sections 8(c), 20(b)(ii)(C), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 inCrime No.569 of 2024 on the file of the respondent-police.3. The case of the prosecution is that, on 15.10.2024, at about 19.00 hours, basedon secret information, the Sub-Inspector of Police, along with his team, wasconducting a vehicle check-up near the Trichy–Madurai Four-Way Track. Duringthe check-up, they intercepted an Ashok Leyland Lorry bearing Registration No.TN-64-AA-0127. Upon seeing the police, the driver of the Lorry attempted to flee fromthe place of occurrence. However, the police party apprehended Accused No.1,conducted a search, and found that the accused were transporting 85 kgs of ganja inthe said vehicle. The police seized the contraband and the vehicle. Subsequently, on16.10.2024, based on the confession of Accused No.1, the police conducted a searchof Accused No.3's house and found that Accused No.3 was in possession of 1.950kgs of ganja in his vehicle bearing Registration No.TN-48-M-3388 parked there. The2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025contraband was seized by the respondent-police. Based on the confession ofAccused No.1, the petitioner has been arrayed as A4. Hence, the case. 4. Mr.P.Suresh, learned counsel appearing for the petitioner, submits that thepetitioner is an innocent person and that he has been falsely implicated in this case.He further submits that, except for the confession of A1, there is no other material onrecord to connect the petitioner with the crime, and that no contraband wasrecovered from the petitioner. He further submits that the petitioner has been injudicial custody since 07.02.2025 and is ready to abide by any stringent conditionsthat may be imposed by this Court. He therefore prays to grant bail to thepetitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the petitioner hereinwas arrayed as an accused based on the confession of the co-accused, viz., A1. Hefurther submits that the petitioner is the main accused, that A1 is the driver, and thatthe petitioner, with the help of A1 and A2, used to smuggle ganja from AndhraPradesh, and A1 would instruct A3 about the delivery point. He further submitsthat there is no previous case pending against the petitioner. He further submits thatsince the petitioner and the other accused persons purchased the contraband with acommon intention to sell it illegally and earn money, the recovery of ganja from3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025other accused persons should be taken into account, and that the total contrabandseized from all the accused persons comes within the category of commercialquantity. Further, he submits that the rigors stated in Section 37 of the NDPS Actwould be applicable to this case. He relies upon the judgment of the Hon'bleSupreme Court in Narcotics Control Bureau v. Mohit Aggarwal, reported in (2022)18 SCC 374. The learned Additional Public Prosecutor therefore prays to dismissthis Criminal Original Petition. 6. Heard on both sides and perused the records.7. The petitioner was arrested on 07.02.2025 and has been in judicial custodysince then. A bare perusal of the FIR would show that, on 15.10.2024 at about 19.00hours, the respondent-police intercepted an Ashok Leyland lorry bearingRegistration No.TN-64-AA-0127 and recovered 85 kgs of ganja from Accused No.1,who was the driver of the said lorry. Subsequently, on 16.10.2024, based on theconfession of Accused No.1, the respondent-police proceeded to the Accused No.3'shouse and recovered 1.950 kgs of ganja from Accused No.3's vehicle. Thesubmission of the learned Additional Public Prosecutor is that since thepetitioner/A4 has a direct connection with the other accused persons with regard tothe purchase and transportation of ganja, the recoveries of ganja from the otheraccused persons should be taken into account. This Court is not inclined to accept4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025the above submission for the reason that the seizures were not made at the sametime, and particularly because no contraband was recovered from the petitioner,who has been arrayed as an accused only based on the confession of Accused No.1.Hence, this Court is of the view that the rigors stated in Section 37 of the NDPS Actwould not be applicable to the case. To be noted, the above view is recorded only forthe purpose of deciding the bail petition. The above view, in any way, would notcause any prejudice to the rights of the prosecution in establishing the case duringthe trial. 7.1. Considering the same and also considering the period of incarceration andtaking note of the fact that there is no previous case pending against the petitioner,this Court is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(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 Judge for Trial ofNarcotic Drugs and Psychotropic Substances Act Cases, Madurai;(ii) The sureties shall affix their photographs and left thumb impression in the5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Principal Special Judge for Trial of Narcotic Drugs andPsychotropic 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 Principal Special Judge for Trial of Narcotic Drugs and PsychotropicSubstances Act Cases, Madurai; (iv) The petitioner shall appear and sign before the learned Principal SpecialJudge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai,on all working days at 10.30 am 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 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; and6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 2025(viii) On breach of any of the aforementioned conditions, the learned PrincipalSpecial Judge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases,Madurai is entitled to pass appropriate orders against the petitioner in accordancewith law as if the aforementioned conditions are imposed by him as laid down bythe Hon'ble Supreme 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/- 29/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TRP To1. The Principal Special Judge for Trial of Narcotic Drugs and Psychotropic Substances Act Cases, Madurai.2. The Superintendent, Central Prison, Madurai.3. The Inspector of Police, PEW- Melur Police Station, Madurai.7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6870 of 20254. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.6870 of 2025 Date :29/04/2025 MK/SAR /02.05.2025 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8