Ayyampillai v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9607 of 2020 Ayyampillai ... Petitioner Vs.
State represented by Inspector of Police, NIB CID Police Station, Kanchipuram Crime No.6 of 2019.
... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., praying to release the petitioner/accused on bail in Crime No.6 of 2019 on the file of the respondent police. For Petitioner : No Appearance For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 15.02.2019 for the offence under Sections 8(c) r/w 20(b) (ii) (c ), 25 and 29(i) (a) of NDPS Act, in crime No.6 of 2019 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on receipt of secret information, the respondent conducted vehicle check-up at Nellore Chennai Main Road nearby Yelavur Tollgate. At the time of check-up, one unknown person ran away, while stopping the car by the respondent. When the respondent searched vehicle, they found six numbers of plastic bag bearing each 25 kg of contraband. Thereafter they registered case in Cr.No.6 of 2019 for the offences under Sections 8(c) r/w 20(b) (ii) (C) 25 and 29 (i) (a) of NDPS Act.
3. The learned Additional Public Prosecutor (Crl.Side) filed status report and submitted that there are totally two accused, in which the petitioner is arrayed as A2, and there are so many materials to implicate the petitioner as accused other than the confession statement of the first accused. Further he submitted that the points raised by the learned Senior Counsel have to be considered only during the trial. Therefore there is a bar under Section 37 of NDPS Act to release the petitioner on bail, when the contraband weighed 150 kg.
4. He further submitted that the petitioner/ accused had involved previously in the following cases:
(i) Thallakulam PS Cr.No. 1520/2017 u/s 8 ( c) r/w. 20(b) (ii) (C) of NDPS Act 1985 (ii) Sellur PS Cr.No. 1589/2017 u/s 8 ( c) r/w 20(b) (ii) (C) of NDPS Act 1985 (iii) Sellur PS Cr.No. 2031/2017 u/s 8 ( c) r/w. 20(b) (ii) (C) of NDPS Act 1985 (iv) Madurai NIB CID UNIT Cr.No.75/2019 u/s 8 ( c) r/w. 20(b) (ii) (C) of NDPS Act 1985.
5. He further submitted that now the petitioner / accused filed this present petition seeking bail before this Court, only with an intention to escape from the clutches of law and also to drag on the investigation proceedings. Also, now he filed petition in the medical grounds that he was admitted in Rajaji Hospital, Madurai due to Cardiology issues. On 19.04.2020 he was admitted in Hospital from Central Prison, Madurai and given treatment in Rajaji Hospital under the supervision of Jail authority and he was discharged from Hospital on 26.04.2020 AN. Again he was detained in Central Prison, Madurai.
6. He further submitted that if the petitioner/accused is let out on bail, he may be absconded and every possibility that he will indulge in similar kinds of offences in future also. Further, he will tamper the evidences and threaten the witnesses. Further, there is every possibility that he will not co-operate for the trail proceedings, since the trial is in a crucial stage, Hence, he strongly objected to grant of bail.
7. There are totally two accused, and the petitioner is arrayed as A2. On the secret information received, the respondent conducted search on a vehicle at Nellore Chennai Main Road nearby Yelavur Tollgate at about 9.00 a.m., which was driven by the accused persons in a vehicle, Innova silver colour car bearing registration No.TN 03 L 1146 and seized contraband in six numbers of plastic bag weighing 25 kg each. Thereafter they registered case in Crime No.6 of 2019 for the offences under Section 8(c) r/w 20(b) (ii) (C) 25 and 29 (i) (a) of NDPS Act. The learned Senior Counsel submitted that at the time of conducting search on the vehicle, no independent witness was there and the mandatory provisions as contemplated under the Act have not been followed by the respondent. The learned Additional Public Prosecutor submitted that mandatory provisions as contemplated under the Act have been duly complied with and all the procedures had been followed by the respondent. Except the confession statement, there are other materials to connect the petitioner in this crime.
8. It is also seen from the records that the quantum of contraband is a commercial one and there is a categorical bar under Section 37 of NDPS Act. Further, it is seen that the earlier petition filed by the petitioner was dismissed on merits in Crl.O.P.No.3587 of 2020 by order dated 04.05.2020. Now also there is no change in circumstances of this case and the petitioner failed to satisfy this Court to get over the bar under Section 37 of NDPS Act.
9. Therefore, this Court is not inclined to grant bail to the petitioner, and therefore, this criminal original petition is dismissed.
-sd/- 23/07/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE PRINCIPAL SPECIAL COURT OF EC & NDPS CASES, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, NIB CID POLICE STATION, KANCHIPURAM.
CC to M/S.G.S.MAHESH Advocate on payment of necessary charges CRL OP.9607/2020 Date :23/07/2020 RVR 07/09/2020