R. Shanmugaprabhu v. The Inspector of Police, Andipatti Police Station, Theni District

CRL OP(MD). No.20819 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22/01/2025PRESENTThe HONOURABLE MR. JUSTICE N.ANAND VENKATESHCRL OP(MD). No.20819 of 2024R.Shanmugaprabhu... Petitioner/Accused No.18VsThe Inspector of Police, Andipatti Police Station, Theni District. Crime No.19 of 2023. ... Respondent/ComplainantFor Petitioner : Mr.Manimaran .Na, Advocate. For Respondent : Mr.S.Ravi, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-To release the petitioner /Accused on bail in Crime no.19 of 2023 in C.C.No.989of 2023 now pending Special Principal District Judge for EC and NDPS Act CasesMadurai on the file of the Respondent Police.ORDER : The Court made the following order :-The petitioner / Accused No.18, who was arrested and remanded to judicialcustody on 19.10.2023 and was facing trial for offences under Sections 8(c) r/w 20(b)(ii)(C), 25 and 29(1) of NDPS Act in C.C.No.989 of 2023 on the file of the learned1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 2024Special Principal District Judge for EC and NDPS Act Cases, Madurai in connectionwith Crime No.19 of 2023, on the file of the respondent Police, seeks bail.2. The case of the prosecution is that the respondent – Police received a tip-offthat ganja is being transported in an Ashok Leyland lorry with a name Duwaraka, with the contraband concealed between the boxes containing dried fish and the samewill pass through Theni in the early morning. The said information was entered ingeneral diary and after informing the superior officials, the respondent - Policereached the check post at Thimmarasanayakanur Watertank in Andipatti to Maduraimain road at about 6 am. The lorry as described in the tip-off came to the spot and thePolice introduced themselves to the Accused 1 to 3 (Abubakar Sedhiq, Selvaraj andChinna Samy) who were all traveling in that vehicle. After getting consent that thelorry to be searched by the presence of a Gazetted Officer, after preparing the consentletter and sending that letter to Tasildar of Andipatti and Thimmarasanayakanur andthe said authorities being present at that time at 8 am upon being checked, the lorrycontained 29 white colour plastic bags along with the dried fish contained in palmleaf container boxes. Upon further inspection, a total of 1200 kgs of ganja wasrecovered. As per the confession given by the accused 1 to 3, who conspired with onePandi @ Jeyachandran and as per the conspiracy, they went to Andra Pradesh in alorry bearing Registration No.TN 65 AW 5956, where they contacted one Ram babu2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 2024belonging to Paderu, Andra Pradesh, and one Chellapandi of Chintapalle and wentto the nearby Devavaram Village, where one Keshava Rao was standing in a smallroad near the forest area and another person by name Prasad, who also belongs to thesame area, took out these 1200 kgs of ganja, which was hidden in the haystack andloaded the same and thereafter the accused 1 to 3 went to Kakinada and alsopurchased the dried fish to sell the contraband they had arranged the same above thecontraband and were transporting the same. Upon which the police intercepted andcaught them with the contraband. There are totally eighteen accused persons in thiscase and the petitioner has been arrayed as Accused No.18.3. The investigation has been completed and the police report has been filedand the case is now pending before the learned Special Principal District Judge for ECand NDPS Act Cases, Madurai in C.C.No.989 of 2023.4. The respondent has filed a counter-affidavit and has taken a stand that thepresent case involves 1200 kgs of ganja and the same was seized from Accused Nos.1to 3 and the involvement of the other accused persons came to light based on theirconfessions. A further stand has been taken to the effect that the accused persons areinvolved in smuggling the contraband to Srilanka. That apart, there are two previouscases against the petitioner, out of which, one case involves commercial quantity.5. The learned counsel appearing for the petitioner submitted that a false case3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 2024has been foisted against the petitioner allegedly based on the confession of the co-accused. The learned counsel also brought to the notice of this Court the earlier orderpassed by this Court in Crl.O.P.(MD).Nos.16486 and 18297 of 2024 dated 07.11.2024,wherein, Accused Nos.6 and 17 were enlarged on bail. The learned counselsubmitted that the reasoning that was given by this Court will equally apply to thecase in hand. The learned counsel also brought to the notice of this Court that thepetitioner is suffering incarceration from 19.10.2023. 6. The learned Additional Public Prosecutor appearing for the respondentPolice submitted that the bail granted in favour of Accused Nos.6 and 17 cannot betaken advantage by the petitioner, since there are two previous cases against thepetitioner, out of which, one case involves commercial quantity. The learnedAdditional Public Prosecutor further submitted that after the earlier order was passedby this Court, a representation was given to the Director General of Police informingthe slipshod manner in which the investigation was conducted in a case involving1200 kgs of ganja. He further submitted that till date, there has been no response andhence, the accused persons, who were involved in this case are taking advantage ofthe same and as a result, public interest is affected.7. This Court has carefully considered the submissions made on either side andthe materials available on record.4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 20248. In the considered view of this Court, the reasoning that was assigned by thisCourt while granting bail to Accused Nos.6 and 17 will equally apply to thepetitioner also. The petitioner has been added as an accused based on the confessionof the co-accused and there is no other material available. Out of two previous casesagainst the petitioner, one case involving commercial quantity has already ended inacquittal in C.C.No.991 of 2023 by judgment dated 30.07.2024. The other casepending against the petitioner involves intermediate quantity and in that case, Accused No.17 is also a co-accused and he has already been enlarged on bail by thisCourt. In view of the same, the earlier order will enure in favour of the petitioneralso. 9. While passing the earlier order on 07.11.2024, this Court gave sufficient timeto the prosecution to collect and place necessary materials before the Court. The saidobservation is found at Paragraph No.13 of the earlier order. In spite of the same, theprosecution has not produced any materials. The matter involves 1200 kgs of ganjaand it cannot be dealt with in a cavalier fashion. When the State Government istrying to take all steps to curb the drug menace, the prosecuting agency must showmore vigor in conducting the investigation in an effective manner. It is brought to thenotice of this Court that a letter has already been addressed to the Director General ofPolice in this regard. 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 202410. There shall be a direction to the Director General of Police, Chennai, toimmediately act upon the letter and if required, order for a further investigation inthis case by the Narcotic Intelligence Bureau in order to collect sufficient materials tosubstantiate the charges against other accused persons. A decision shall be taken inthis regard within a period of two weeks from the date of receipt of a copy of thisorder. Hence, a copy of this order shall also be marked to the Director General ofPolice, Chennai. 11. In view of the above, this Court is inclined to grant bail to the petitionersubject to the following conditions.12. Accordingly, the criminal original petition is ordered and the petitioner isordered to be released on bail on executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two sureties, each for a like sum to the satisfactionof the learned Special Principal District Judge for EC and NDPS Act Cases, Maduraiand on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity.[b] the petitioner shall report before the respondent Police daily at 10.30 a.m.except on those dates when the case is posted for hearing before the trial Court until6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 2024further orders. [c] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[f] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS, 2023. sd/- 22/01/2025/ TRUE COPY / 22/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TSG TO1 THE JUDGE, SPECIAL PRINCIPAL DISTRICT JUDGE FOR EC AND NDPS ACT CASES, MADURAI.2 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.20819 of 20243 THE INSPECTOR OF POLICE, ANDIPATTI POLICE STATION,THENI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TOTHE DIRECTOR GENERAL OF POLICE, CHENNAI. ORDER IN CRL OP(MD) No.20819 of 2024 Date :22/01/2025RS/IT/SAR-(22.01.2025) 8P 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20238/8