M.Vinodh v. The State Of Tamil Nadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA M.Vinodh S/o Muthu ... Petitioner /versus/ The State represented by The Inspector of Police, N-1, Royapuram Police Station, Chennai.

(Crime No.95 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 439 of Criminal Procedure Code, pleased to enlarge the petitioner on bail in C.C.No.361 of 2023, pending trial on the file of the II Additional Special Court under NDPS Act, Chennai.

For Petitioner : Mr.A.Parthipan For Respondent : Mr.C.E.Pratap, Government Advocate (Crl.Side) 1/8

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.04.2023 for the offence punishable under Sections 8(c) r/w 20(b)(ii)(c), 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.95 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 02.04.2023, on receipt of the secret information about illegal sale of narcotic substances, respondent police went to the nearby Royapuram GM Pettai Road, near Rajagopal School, where they found four unknown persons/accused were standing near the Swift Car bearing registration No.TN-11-AW-1545 and on seeing the respondent, they attempted to escape and the respondent had caught hold of them. During search, the respondent found that the accused were in illegal possession of 36 kilograms of Ganja, which is a commercial quantity. Hence the case.

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3. Learned counsel appearing for the petitioner submitted that the petitioner (A4) is an innocent person, aged about 25 years and he has been falsely implicated in this case, since he happens to be the friend of one Karthik/A2. He further submitted that on 02.04.2023, when the petitioner was standing near the Swift Car bearing registration No.TN-11AW-1545 belonging to A2, the respondent police has arrested A2 and others, during which, the petitioner was also arrested along with them. He also submitted that the contraband was recovered only from A1 and the said Karthik/A2 has also confessed that he had purchased the alleged contraband from Andhra Pradesh and he intended to sell to others.

He further submitted that even as per the prosecution, the contraband alleged is said to be recovered only from A1, and there is no recovery from the present petitioner. He further reiterated that the the petitioner has been arrested only because he happens to be the friend of A2, who had purchased the contraband from Andhra Pradesh. He also submitted that the petitioner is in custody from 02.04.2023, hence, he prayed for grant of bail to the petitioner.

4. The respondent Police has filed a detailed counter. 3/8

5. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that on 02.04.2023, when the respondent had conducted search in the car belonging to the mother of A2, the petitioner (A4) along with other accused was found to be in illegal possession of 36 kilograms of Ganja, which is a commercial quantity. He fairly conceded that the contraband was recovered only from the first accused and the confession statement was recorded from A2, who is the son of the car's owner and he had he confessed that he had purchased the alleged contraband from Andhra Pradesh. He further submitted that investigation in this case has been completed and the case has also been taken up for trial in C.C.No.361 of 2023 pending on the file of the II Additional Special Court under NDPS Act, Chennai and the case now stands posted on 09.06.2023 for engaging counsel. However, he opposed for grant of bail to the petitioner.

6. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.20,000/- to any welfare scheme run by the Government. Hence, he prayed for grant of bail to the petitioner.

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7. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

8. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of ""The Dean, Rajiv Gandhi Government General Hospital, Chennai", without prejudice to his rights and contentions before the trial Court.

9. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

10. In view of the above, this Court is of the opinion that the alleged contraband was recovered only from the first accused and no recovery was made in respect of the present petitioner, thereby, the petitioner has satisfied the twin conditions required under Section 37 of NDPS Act.

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11. Taking into consideration the above facts and circumstances of the case, the submissions made by the learned counsel on either side and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the credit of "The Dean, Rajiv Gandhi Government General Hospital, Chennai", this Court is inclined to grant bail to the petitioner with certain conditions.

12. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) directly to the credit of "The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856", without prejudice to his rights and contentions before the trial Court and on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Additional Special Court under NDPS Act, Chennai, 6/8

and on further conditions that:

[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;

[b] the petitioner shall appear before the II Additional Special Court under NDPS Act, on all working days at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond during trial;

[d] the petitioner shall not tamper with evidence or witness during 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];

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A.D.JAGADISH CHANDIRA,J.

ham [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 08.06.2023 To

1. The II Additional Special Court under NDPS Act, Chennai.

2. The Inspector of Police, N-1, Royapuram Police Station, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court, Madras.

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