Murugan Srinivasan v. Union Of India

T.V.THAMILSELVI, J.

The petitioner who was arrested and remanded to judicial custody on 21.10.2023, for the offences registered under Sections 8(C) r/w 21(c), 22(c), 23(c), 28 and 29 of NDPS Act, R.R.No.45 of 2023, seeks bail.

2.The case of the prosecution is that the respondent received secret information relating to the parcel received at Foreign Post Office, Chennai under the suspicion of trafficking of psychotropic substances. The parcel contains 3890 numbers (1.583 kgs) of colourful tablets of MDMA psychotropic substance and on enquiry, the same was addressed to the petitioner. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that there is no direct recovery from this petitioner and the contraband was sent in a courier which was addressed to the name of the petitioner and the petitioner has no knowledge about the same. He would also submit that the petitioner is in judicial custody

for more than 95 days and hence, he prayed for grant of bail tot he petitioner.

4.The learned Government Advocate (crl.side) appearing for the respondent Police would submit that based on a specific information, the respondent Police seized 3890 numbers of tablets weighing about 1.583 kgs of MDMA, which was seized at Foreign Post Office, Chennai and the same was shipped from France. The parcel was addressed to this petitioner and the petitioner had given voluntary statement that he has to further deliver the parcel to an African national in Bangalore. He would also submit that the seized contraband is commercial quantity and the petitioner has not satisfied the conditions under Section 37 of NDPS Act. The investigation is still pending. Hence, he opposed for grant of bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and also taking note of the quantity of the contraband which is a commercial quantity and that the parcel was addressed to this petitioner, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed.

12.04.2024 vkr

T.V.THAMILSELVI, J.

vkr 12.04.2024