Murtuza Turab Jasdan v. The State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33521 of 2025 1.Murtuza Turab Jasdan 2.Mohammed Umair Zamiruddin Golandaz Petitioners Vs The State Represented by The Inspector of Police, Arakkonam PEW Police Station, Crime No.41 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.41 of 2025 on the file of the respondent police. For Petitioner:
Mr.Sarath Chandran for Mr.R.Harikrishnan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioners, were arrested and remanded to judicial custody on
21.09.2025 for the alleged offence punishable under Sections 123 of BNS Act and 77 of the Juvenile Justice Act, 2015 in Crime No.41 of 2025, seeks bail.
2. The allegation against the petitioners is that they were running a medical shop at Mumbai and have made supply to the extent of fifteen thousand six hundred numbers of Tapentadol tablets to various persons, and also involved in transportation of the same to Tamil Nadu. Hence, the complaint was lodged and the petitioner was arrested.
3. The learned counsel appearing for the petitioners submitted that originally A1 and A2 were arrested, and a small quantity of 591 tablets was recovered from them. On their confession, it was revealed that they received tablets from A3 and A4. He further submitted that A3 and A4, who have a medical shop at Mumbai were licensed, and the allegation in the counter stated that they indulge in large-scale and bulk illegal supply and sale of tablets. Hence, it is not a case of the petitioners themselves involved in illegal activities, but rather they supplied medicines as they were licensed to deal with the tablets. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reported that although it initially seemed that the petitioners, having a license to deal with medicines, were merely supplying medicines, closer scrutiny revealed that they used to supply huge quantities of tablets in this case, 15,600 tablets, to various persons in Tamil Nadu for misuse, intoxication, sale to minors, and as a substitute for highly intoxicating drugs. He further submitted that A4, Mohammed Umair Zamiruddin Golandaz/2nd petitioner was arrested, and 15,600 tablets were seized by the respondent police at Katpadi. He further submitted that investigation in this case is pending and it involved a large network of supplying tablets.
5. Earlier, this Court dismissed the bail petition in Crl.OP.No.28886 of 2025 dated 31.10.2025 on the ground that the huge quantity of tablets seized and that the investigation is not concluded.
7. Today, the learned counsel for the petitioner appearing for the petitioner submitted that the petitioner is in judicial custody for more than 75 days and that based on the confession of the arrested accused, the petitioner was added as an accused in this case and hence, he prayed to grant bail to the petitioner.
8. Considering the fact that the petitioners were arrested on the basis the confession statement of the arrested accused, though the petitioners are having three previous case, taking into account the period of their incarceration and the fact that the contraband was recovered, this Court is inclined to grant bail to the petitioners on certain conditions.
9. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Principal Sessions Judge, Ranipet, 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 report before the concerned Court daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with the 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. 05.12.2025 drl
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Principal Sessions Judge, Ranipet.
2.The Inspector of Police, Arakkonam PEW Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33521 of 2025 05.12.2025