Smt.Haseena Shaik, v. The Superintendent Of Customs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6961 of 2025 Haseena Shaik D/o. Shri Khalesha Syed, Ekambarakuppam, Nagari, Residing at: 7-177, Salvapatteda H/W, Chittoor, PIN 517 592, Andhra Pradesh, India ... Petitioner/Accused Vs.

The Superintendent of Customs, Prosecution Unit Airport, New Custom House, Meenambakkam, Chennai 600 027 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in R.R. No.07 of 2025, on the file of the Superintendent of Customs, Chennai Airport.

For Petitioner : Mr. R. Mukesh Kannah For Respondent : Mr. P. Vishnu Special Public Prosecutor for Customs.

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O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 29.01.2025, seeking bail in R.R.No.07 of 2025 registered for the offences punishable under Sections 8(c) r/w 22(b), 23(c) and 29 of NDPS Act, 1985.

2. The case of the prosecution is that the petitioner was arrested, based on information, at the International Airport when she was to board a flight to Muscat and she was found in possession of 10 strips (white colour package), each containing 05 Nos vials and 01 no of vial, totalling 5.1 grams of Tramadol Hydrochloride, which is intermediate quantity.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that contraband has been seized; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. The learned Special Public Prosecutor submitted that the petitioner was in possession of the above contraband for her personal use and that she became 2/6

addicted to the same because of her husband.

5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the petitioner has no bad antecedents, contraband involved in this case is not a commercial quantity and the same has been seized, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judical Magistrate, Alandur [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioner shall report before the respondent twice a week at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

18.03.2025 bga 4/6

To

1. The Judical Magistrate, Alandur

2. The Superintendent of Customs, Prosecution Unit Airport, New Custom House, Meenambakkam, Chennai 600 027

3. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

bga Crl.O.P.No.6961 of 2025 18.03.2025 6/6