Reginamary Chellamani v. The Superintendent Of Customs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Reginamary Chellamani ... Petitioner/ Accused Vs.
State rep. by The Superintendent of Customs, Prosecution Unit-Airport, New Custom House, Meenambakkam, Chennai -27.
R.R.No.41 of 2021 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in connection with C.C.No.225 of 2022 on the file of the Principal Special Judge under (EC and NDPS) Act Cases, Chennai.
For Petitioner :
Mr.S.Senthilvel for Mr.G.Vinodhkumar For Respondent :
Mr.N.P.Kumar Special Public Prosecutor (NCB Cases)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 09.12.2021 in connection with R.R.No.41 of 2021 registered for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(C), 22(C), 23, 28 and 1/4
29 of NDPS Act 1985 read with Section 135 of Custom Act, 1962 on the file of the respondent, seeks bail.
2. The petitioner on 08.12.2021 was about to board the Flight at Chennai to Colombo and during the customs check, petitioner was detained and from him, 99 grams Methamphetamine Hydrochloride Propane ( Narcotic Substance) was seized. Hence, the case.
3. According to the petitioner, petitioner had been remanded in this case on 09.12.2021 and though the complaint the was filed in the year 2021, no witnesses were examined till the year 2023. Thereafter, PW1 was examined on 03.10.2025, PW2 was examined on 20.12.2023, PW3 was examined on 26.03.2024 and the case is posted for examination of PW4 on 01.08.2025. The present counsel for the petitioner had already filed recall petition to cross examine PW to PW3 before the trial Court. The petitioner along with three of her family members were detained and recovery has been shown against all the four and four separate complaints have been filed and they have been detained. The petitioner, for the reason of inordinate delay, she may be granted bail. Further she will not fly over India and she will appear before the respondent police and also co-operate 2/4
with the delay.
4. Mr.N.P.Kumar, the learned Special Public Prosecutor for NCB Cases filed his detailed objections and also stated that, in this case, there are seven witnesses and so far, five witnesses have been examined. He further submitted that, none of the witnesses have been cross examined by the petitioner and the delay is only due to the petitioner not cross examining the witnesses and for which, now the petitioner cannot take umbrage on the ground of delay. He further submitted that the drugs were in the form of sealed rectum which is in conscious possession. Hence, he strongly opposed for grant of bail to the petitioner.
5. Considering the facts and submissions of the case and also the quantity of the contraband involved in this case, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 24.07.2025 sma 3/4
M.NIRMAL KUMAR, J.
sma To 1.The Superintendent of Customs, Prosecution Unit-Airport, New Custom House, Meenambakkam, Chennai -27.
2. The Public Prosecutor, High Court of Madras.
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