S.Pandiyarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) Nos.5029 and 5108 of 2017 S.PANDIYARAJAN ... PETITIONER/3rd ACCUSED in CRL OP(MD) No.5029 of 2017 MARIYAPPAN ... PETITIONER/ ACCUSED NO.2 in CRL OP(MD) No.5108 of 2017 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE NIBCID SIVAGANGAI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO. 7 OF 2017 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner : MR.A.S.VAIGUNTH Advocate IN CRL OP(MD) No.5029 of 2017 For Petitioner : MR.R.ANAND Advocate IN CRL OP(MD) No.5108 of 2017 For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/accused 3 and 2 who were remanded to judicial custody on 04.02.2017 for the offences under Sections 8(c) read with 22(c), 27(A), 29(1) and 25 of the NDPS Act in Crime No.7 of 2017 on the file of the respondent/Police, seek bail. 2.The petitioners were arrested for their alleged involvement in trafficking of psychotropic substance of commercial quantity. Investigation so far reveals that these petitioners along with others have conspired to procure Methaphetamine, a psychotropic substance and to transport it from Salem to Srilanka. In pursuant to the said conspiracy, they have gone to Thalaivasal at Salem and procured 2 kgs of Methaphetamine paying advance of Rs.20,000/- and promised to pay the balance amount of Rs.20,000/- after selling the drug. While they were transporting it, the Police intercepted the https://hcservices.ecourts.gov.in/hcservices/
petitioners and both of them were found in possession of each 1 kg of Methaphetamine.
3.The case of the petitioners is that there was grave violation of Section 50 of the NDPS Act. All the four accused were jointly put to notice of their right to be searched before the Magistrate or before the Gazetted Officer instead of individual notices. Further, there is also violation of Sections 42 and 43 of the NDPS Act and therefore, they are entitled for bail.
4.Perusal of the CD file indicates that based on a specific information, the respondent/Police has intercepted the accused and from their possession, they have recovered Methaphetamine of commercial quantity. Before search, the accused were put to notice about their right under Section 50 of the NDPS Act. It is the joint notice and that by per se could not be considered as non compliance of Section 50. Furthermore, investigation reveals that these petitioners have procured the prohibited psychotropic substance of commercial quantity namely, 2 kgs of Methaphetamine for onward journey to Srilanka. Since the investigation prima facie indicates the guilt of the accused, this Court is not inclined to entertain these petitions in view of the bar under Section 37 NDPS Act. Hence, these Criminal Original Petitions are dismissed. sd/- 28/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE NIBCID SIVAGANGAI POLICE STATION, SIVAGANGAI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE OFFICER IN CHARGE SUB JAIL PUDUKOTTAI 4 THE SUPERINTENDENT CENTRAL PRISON, TRICHY
ORDER
IN CRL OP(MD) Nos.5029 and Date :28/04/2017 SMA/PM-PN/SAR-4/05.05.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/