Pranesh,(Presently Being Confined at Central Prison, Trichy) v. The State of Tamil Nadu

CRL OP(MD). No.21510 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 06/01/2025PRESENTThe HONOURABLE MR. JUSTICE N.ANAND VENKATESHCRL OP(MD). No.21510 of 2024Pranesh,(Presently Being Confined at Central Prison, Trichy). ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,Rep by, the Inspector of PoliceNIB-CID Trichy Unit,Trichy.(Crime No.4 of 2024).... Respondent/Complainant For Petitioner : Mr.Kasirajan.S., Advocate. For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner/3rd accused on bail in C.C.No. 122 of 2024 pending onthe file of the Additional District Judge for EC and NDPS Act Cases Pudukkottai.1/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024ORDER : The Court made the following order :- The petitioner / 1st Accused, who was arrested and remanded to judicialcustody on 14.02.2024 for the offences under Sections 8(c) r/w. 20(b)(ii)(c), 25 and 29(1) of NDPS Act in C.C.No. 122 of 2024 on the file of the learned Additional DistrictJudge for EC and NDPS Act Cases Pudukkottai, seeks bail.2. The case of the prosecution is that based on a secret information, it came tolight that 140 kgs of ganja is being carried in a vehicle and the ganja is beingtransported from Andhrapradesh. The petitioner and Accused No.3 were travellingin a two-wheeler and Accused Nos.2 and 4 were travelling in a lorry. The vehicleswere intercepted and the contraband was seized. There are totally four accusedpersons in this case and the petitioner has been arrayed as Accused No.1.3. This Court had an opportunity to deal with the bail application filed byAccused No.3 in Crl.O.P.(MD).No.16222 of 2024. While dealing with this bailapplication, this Court found some disturbing features in the investigation and forproper appreciation, the relevant portions are extracted hereunder:2/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024“7. Upon perusal of the records, the following disturbing features are revealed in thiscase; (i)even though the prosecution is said to obtain the confession from the accused, fromwhich the case of the prosecution seems to be that the said Sugandharaj only arranged theganja, neither any case to the contrary has been unearthed in the investigation nor the saidSungadharaj seems to have been investigated. As per the confession statements, it is only thesaid Sugandharaj, who is the common person, who arranged the said Pranesh and thepetitioner herein, to go to Andhra Pradesh for fetching the ganja. The said fact seems to havebeen totally not investigated. (ii)Even though the cell phone was recovered at the time, it is mentioned inthe observation magazar “gadw;w cell phone”. Even if the cell phone is useless, stillit would have been sent to the RFSL and the IMEI number could have been tracedthrough which the SIM number could have been traced and the call detailseverything could have been taken. (iii) Even the CDR particulars which is traced out in respect of the other cellphone does not form part of the final report and is kept in the file. (iv) It is also stated that they have unearthed the Bank statement of deposit ofmoney with reference to the first accused and another card for paying money forfilling diesel was also gathered; but were not made as the part of the final report. 8. The investigation in this case is seriously lacking and is shocking. The3/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024prosecution is supposed to file a final report by coming up with a final version. Theyhave to come up with a version as to who arranged for the ganja, from where it isprocured and where it is destined. Absolutely except for the seizure, noinvestigation whatsoever seems to have been conducted and the charge sheet hasbeen filed. 9. When this Court enquired about the same, the learned Additional PublicProsecutor submitted that the matter will be placed before the higher authoritiesand further investigation would be undertaken to collect the materials. In any event,it can be seen that a huge quantity of 140kgs of ganja has been recovered from thelorry which is being driven by a A-2, and A-4 was coming along with A-2 in thelorry. If the petitioner herein and the said Pranesh are the one who have engagedthem, then certainly they can also be included as an accused. But however, theprosecution has to conduct an investigation in the proper sense of the term andbring all the materials and file the final report. The copy of this order be placedbefore the Director General of Police for closer scrutiny. If necessary, the DirectorGeneral of Police shall also consider entrusting the matter to any other appropriateofficer to conduct further investigation. The law now it is settled that it will be openfor the prosecution to carry out further investigation and they can always file thesupplementary report by gathering materials and by properly imputing role played4/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024by each accused and to collect such materials for the role played by them. The Courtpermission shall also be obtained by filing an appropriate application before the trialCourt for sending the 'cell phone', which is now said to be lying in Malkana and thefurther investigation shall be carried on and completed as soon as possible andsupplementary final report can be filed. 10. For all the above reasons, considering the fact that the petitioner is injudicial custody from 14.02.2024 and the statutory period of investigation of 180days is already over and now only further materials are sought to be collected, forthe present, I am inclined to enlarge petitioner on bail by holding that the petitionerhas made out a case to come out of the rigor of Section 37 of NDPS Act. 4. The learned counsel appearing for the petitioner submitted that thepetitioner is placed on an equal footing like Accused No.3 and therefore, thepetitioner can be considered to be enlarged on bail by imposing any condition aswas done for Accused No.3. 5. The learned Additional Public Prosecutor appearing for the respondentPolice relied upon the counter affidavit filed by the respondent Police. He furthersubmitted that pursuant to the above order passed by this Court, further5/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024investigation has been conducted and it will be completed shortly and asupplementary report will be filed. In the course of further investigation, vitalmaterials were collected against the petitioner and for this purpose, the learnedAdditional Public Prosecutor relied upon Paragraph No.6 of the counter affidavitwhich is extracted hereunder:“6. I submit that the petitioner herein is the main accused in this case. The contrabandwas seized from a truck bearing Regn No. TN04AY8617. The said lorry filled up diesel atAnuradha Filling Station, Vishakapattinam on 09.02.2024 for a sum of Rs.5,000/- and thesaid amount was paid through card of one Radha. The said Radha is a sister of this petitionerand she categorically stated that the said card is used by the petitioner herein. Apart fromthe above said material, at the time of occurrence two mobile numbers 8807591695 and9894617782 used by the petitioner was seized by the respondent police. The tower locationof both mobiles established at Andhrapradesh and there were call details records between thepetitioner through his mobile number 9894617782 with A-2's mobile number 8940391296and A-4's mobile number 9043567264.”6. The learned Additional Public Prosecutor appearing for the respondentPolice submitted that further investigation will be completed in another twenty days6/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024and a supplementary report will be filed. He also brought to the notice of this Courtthat there is one previous case against the petitioner under the NDPS Act and hence,vehemently opposed the grant of bail to the petitioner.7. In the considered view of this Court, the case of the petitioner stands on thesame footing as that of Accused No.3. Whatever reasons were assigned whileenlarging Accused No.3 on bail will equally apply to the petitioner also. It may betrue that the materials are being collected against the petitioner and also AccusedNo.3 in the course of further investigation. That by itself cannot be a ground todeny bail to the petitioner considering the fact that the petitioner has sufferedincarceration from 14.02.2024. 8. In the l ight of the above discussion, considering the fact that the petitioneris in judicial custody from 14.02.2024 and the statutory period of investigation of 180days is already over and now only further materials are sought to be collected, forthe present, this Court is inclined to enlarge the petitioner on bail by holding that thepetitioner has made out a case to come out of the rigor of Section 37 of NDPS Act.9. Accordingly, the criminal original petition is ordered and the petitioner is7/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupeesten thousand only) with two sureties, each for a like sum to the satisfaction of thelearned Additional District Judge for EC and NDPS Act Cases, Pudukkottai and onfurther 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. untilfurther 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 under8/9 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21510 of 2024Section 269 of BNS, 2023. sd/- 06/01/2025 / TRUE COPY / 06/01/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE ADDITIONAL DISTRICT JUDGEFOR EC AND NDPS ACT CASES, PUDUKKOTTAI.2 THE INSPECTOR OF POLICENIB - CID TRICHY UNIT,TRICHY3 THE SUPERINTENDENTCENTRAL PRISON, TRICHY.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.KASIRAJAN, Advocate ( SR-86[I] dated 06/01/2025 ) ORDER IN CRL OP(MD) No.21510 of 2024 Date :06/01/2025SS/SAR- /06/01/2025/ 9P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 9/9