Thangapandi v. The Inspector of Police

Crl.O.P.(MD) No.21980 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTReserved on 20.01.2025Delivered on 22.01.2025CORAMTHE HON'BLE MR.JUSTICE N.ANAND VENKATESHCrl.O.P.(MD) Nos.21980 of 2024 and 576 of 2025Crl.O.P.(MD) No.21980 of 2024Thangapandi ... Petitioner/Accused No.3Vs.The Inspector of Police,SS Colony Police Station, Madurai City.(Crime No.621 of 2024) ... Respondent/ComplainantCrl.O.P.(MD) No.576 of 2025Vantala Chinna... Petitioner/Accused Rank Not KnownVs.The Inspector of Police,SS Colony Police Station, Madurai, Madurai District.(Crime No.621 of 2024) ... Respondent/ComplainantCOMMON PRAYER : Criminal Original Petition filed under Section 482 of CriminalProcedure Code, for bail in Crime No.621 of 2024 on the file of the Respondent Police. For Petitioners: Mr.J.Selvam (in Crl.O.P. (MD) No.21980 of 2024)Mr.S.Sukumar (in Crl.O.P. (MD) No.576 of 2025)For Respondent: Mr.S.Ravi, Additional Public Prosecutor (in both petitions) 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 2024COMMON ORDERThe petitioners, who were arrested and remanded to judicial custody on29.08.2023 for the offences under Sections 8(C) r/w 20(b)(ii)(C) of the 'Narcotic Drugsand Psychotropic Substances Act 1985' (hereinafter referred to as 'NDPS Act' forbrevity), on the file of the respondent, seek bail.2.The case of the prosecution is that on 23.09.2024, the Sub-Inspector of Policewho was on duty received an information from the Manager of the ProfessionalCouriers, Bypass Road, Madurai, that they have received a parcel in the name of oneVicky from one M.Jashwa Kondasantha, Andhra Pradesh, by describing the parcel aswooden toy. However, they found that a smell was emanating which was misleadingand they developed suspicion and informed the police. Based on this information, itwas recorded in the General Diary and it was informed to the immediate superiorand the police personnel visited the courier office along with the VillageAdministrative Officer and opened the parcel and found 11 packets which smeltganja. It was weighed and the total weight was about 22 kilograms. It was brought tothe police station and a report was submitted under Section 57 of the NDPS Act. 3. The further case of the prosecution is that on 25.09.2024, a similar informationwas received from the professional couriers that two parcels have come in the samename and it has been sent by the same sender. After completing the formalities, when2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 2024the police personnel went to the spot, they found 6 packets which smelt ganja. Whenit was weighed, the total weight was about 24 kilograms.4. Insofar as the first recovery, Crime No.621 of 2024 was registered. For thesecond recovery, Crime No.625 of 2024 was registered.5. In the course of investigation, it was ascertained that the mobile number9363752013 that was mentioned in the parcel stood in the name of one Dinesh. Thisperson had a relationship with A2 and had handed over the SIM card to A2. In turn,A2 had handed over the SIM card to A1. A1 is said to have used this SIM card andalong with A2 and A4, purchased contraband from A5. Initially, A1 and A2 werearrested on 23.09.2024 at about 19.15 hours and at that time, initially 2 kilograms ofganja was seized from A1. A3 was also present in that place and he escaped andthereafter, he was arrested on 25.09.2024 and 1.200 kilograms was seized from A3. A4was arrested on 19.10.2024 and from him, 500 grams was seized. All this arrest tookplace in Crime No.621 of 2024. Insofar as Crime No.625 of 2024, A1 and A2 wereformally arrested on 11.10.2024. A5 was arrested on 01.10.2024 in Crime No.621 of2024 and formally arrested in Crime No.625 of 2024 and in both cases, A5 wasremanded to judicial custody on 04.10.2024. In both the cases, there are 5 accusedpersons and the petitioners have been arrayed as A3 and A5.6. The learned counsel for the petitioner submitted that insofar as A3 is3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 2024concerned, what was seized was only 1.200 kilograms of ganja and there wasabsolutely no material to rope in A3 and make him a part of the seizure of 22kilograms of ganja in Crime No.621 of 2024 and 24 kilograms of ganja in CrimeNo.625 of 2024. It was submitted that the individual seizure that was made from A3cannot be clubbed along with the commercial quantity that was seized based on theinformation received from the Professional Courier. Even insofar as the previouscases, it was submitted that A3 was acquitted in one of the case and in the other case,1.500 kilograms of ganja was involved in which A3 pleaded guilty and was convicted.7. Insofar as A5 is concerned, it was submitted that no recovery was made fromA5 and there was no material to connect A5 to the seizure made from the ProfessionalCourier.8. The learned Additional Public Prosecutor appearing on behalf of therespondent police by placing reliance upon the counter-affidavit filed by therespondent submitted that this is a new method adopted by transporting ganjathrough courier service. The learned Additional Public Prosecutor submitted that A1to A4 had joined together and paid the money to A5 and the entire seizure isattributable to all the accused persons who must be construed to be in consciouspossession as contemplated under Section 35 of the NDPS Act. The learnedAdditional Public Prosecutor further submitted that A3 was found in possession of4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 20241.200 kilograms of ganja. A3 had been in contact with A1 and called from mobilephone at least on two occasions. Thereafter, they were in contact by makingWhatsApp calls and they deleted the call details and hence, the mobile phones thatwere seized from A1 and A3 have been sent for analysis to Forensic ScienceLaboratory to retrieve the WhatsApp call logs. The learned Additional PublicProsecutor further submitted that even in the earlier case which ended in acquittal,A3 was arrayed as A1 in that case and A1 in this case was arrayed as A3 in that case.After coming out on bail, they have once again involved in drug trafficking. Thatapart, A3 is involved in another case where he pleaded guilty and was convicted bythe Special Court. 9. The learned Additional Public Prosecutor further submitted that A5 is thesupplier of the contraband and he had dispatched the entire contraband throughcourier. A1 had contacted A5 from his mobile phone for nearly 177 times. That apart,a sum of Rs.30,000/- was also deposited by A1 to the account of A4 and within 30minutes, this amount was transferred to Andhra Pradesh and there are materials toestablish that the amount was received by A5. That apart, there is also material toshow that sufficient amount was transferred from the account of the daughter of A2to the account of A5. Only thereafter the consignments were dispatched in both thecases on 20.09.2024 and 21.09.2024. The learned Additional Public Prosecutor further5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 2024submitted that A5 is involved in another case in Crime No.32 of 2021 which is a caseof commercial quantity and after coming out on bail A5 is involved in two more caseswhich are under investigation in Crime Nos.621 and 625 of 2024. Hence, the learnedAdditional Public Prosecutor vehemently opposed the grant of bail to both thepetitioners. 10.This Court has carefully considered the submission made on either side andthe materials available on record.11. In the case in hand, a new method has been adopted for drug trafficking bymeans of courier service. The contraband has been sent from Andhra Pradesh and ithas been received in Madurai. The specific case of the prosecution is that A1 to A4together are involved in getting the contraband which was sent by A5. The phonecommunication between A1 and A5 has been traced at least on 177 occasions. Insofaras A3 is concerned, the investigation officer is awaiting for the report from FSL forretrieving the WhatsApp call logs. A3 and A5 are already involved in NDPS offenceand A3 was in fact convicted and sentenced in a case after pleading guilty. A5 hasone pending case for commercial quantity. The investigation is in a very crucial stagesince the involvement of the accused persons is now sought to be established throughthe telephone calls made. That apart, the contraband which otherwise would havemissed the notice of the police, fortunately has come to their notice due to the6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 2024information given by the Professional Couriers. To establish the conscious possessionof the contraband in both the cases, phone numbers have been traced and the moneytransaction between some of the accused persons has also been traced. Hence, thisCourt is not inclined to enlarge the petitioners on bail at this stage pendinginvestigation. If the petitioners are enlarged on bail at this stage, it will certainlyimpact the investigation and there are all chances of tampering with the evidence.Considering the previous antecedents of the petitioners, this Court finds that thesecond limb of Section 37 of the NDPS Act is not satisfied.12. In the light of the above discussion, this Court is not inclined to enlarge thepetitioners on bail and this Court wants to await for the completion of theinvestigation by the respondent police. According, these Criminal Original Petitionsare dismissed. sd/- 22/01/2025/ TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. PKNTO1 THE INSPECTOR OF POLICE, SS COLONY POLICE STATION,MADURAI CITY.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21980 of 20242 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.SELVAM, Advocate ( SR-610[I] dated 22/01/2025 ) ORDER INCrl.O.P.(MD) Nos.21980 of 2024 and 576 of 2025 Date :22/01/2025RS/SKN/SAR-(13.02.2025) 8P 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20238/8