CRL.OP(MD).No.1578 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.OP(MD).No.1578 of 2025 Prabu ... Petitioner / Accused No.3 Vs. The State of Tamil Nadu rep by The Inspector of Police, PEW Madurai City P.S., Madurai District. (Crime No.706 of 2024) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.706 of 2024 on the file of the respondent-police. For Petitioner : Mr.N.K.Somasundarapandiyarajan, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 24.01.2025 1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail. 2. The petitioner/A3 was arrested on 12.06.2024 and remanded to judicial custody on 13.06.2024 for the offences punishable under Sections 8(c) read with 20(b) (ii)(C), 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.706 of 2024 on the file of the respondent-police. 3. The case of the prosecution is that on 12.06.2019, at about 23.00 hours, the Sub-Inspector of Police received secret information about the sale of 'Ganja'. Based on the same, the police party proceeded to the spot and intercepted the petitioner (A3). Upon search, the police found that the petitioner (A3) was in possession of 4.750 kilograms of ganja and seized the same. The petitioner (A3) confessed that he had purchased it from A1. Based on this information, on the following day, i.e., in continuation of the proceedings, the police team went to the house of A1. At that time, on seeing the police, A1 escaped from the place. The petitioner (A3) went into the house of A1 and handed over a bag taken from the house, which contained 28.140 kilograms of ganja. Thereafter, A1 surrendered before the learned Judicial Magistrate No.IV, Madurai, on 15.06.2024 and was remanded to judicial custody. On 21.06.2024, 2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 based on the confession of A1, the respondent-police recovered 1.250 kilograms of ganja, which A1 had also kept hidden in another house. A1 further informed the police about the involvement of A2 and A4. Accordingly, on 28.06.2024, A2 and A4 were arrested while they were travelling in a car, and 5 kilograms of ganja was seized from them. Based on their confession, it came to light that A5 is the wholesale dealer from whom A2 and A4 had purchased ganja and sold the same to A1, from whom the petitioner (A3) had purchased it. There are totally five accused persons in this case, and the petitioner has been arrayed as A3. A5 is still absconding. Thus, a total of 39.140 kilograms of ganja was seized from all the accused persons. Hence, the case. 4. Mr.N.K.Somasundarapandiyarajan, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence, that a false case has been foisted against the petitioner and that he has been in incarceration since 13.06.2024. He further submits that the investigation has been completed and the final report has been filed, which was taken by the file of the learned Special Judge, Principal Special Court for NDPS Act cases, Madurai District in C.C.No.427 of 2024. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Therefore, he prays for granting bail to the petitioner. 3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that there are totally five accused persons in this case, and the petitioner has been arrayed as A3. He further submits that A5 is the wholesale dealer from whom A2 and A4 had purchased ganja and sold it to A1, who, in turn, sold it to the petitioner (A3). He further submits that there are 6 previous cases against the petitioner, of which one case is similar in nature. He also submits that since the petitioner and the other accused persons purchased the contraband with a common intention to sell it illegally and earn money and all the recoveries and seizures arose out of the same course of events, the recovery of ganja from the other accused persons should be taken into account while deciding whether the contraband constitutes a commercial quantity or not, and that the total contraband seized from all the accused persons comes within the category of commercial quantity. Further, he submits that the rigors stated in Section 37 of the NDPS Act would be applicable to this case. He relies upon the judgment of the Hon'ble Supreme Court in Narcotics Control Bureau v. Mohit Aggarwal, reported in (2022) 18 SCC 374. The learned Additional Public Prosecutor therefore prays to dismiss this Criminal Original Petition. 4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 6. This Court has considered the rival submissions made. This Court has perused the records including the FIR and the Charge Sheet. 7. A bare perusal of the FIR would show that on 12.06.2019, the respondent- police seized 4.750 kgs of ganja from the petitioner (A3), and on the following day, i.e., in continuation of the proceedings, the respondent-police, based on the information of the petitioner (A3), went to the house of A1. At that time, on seeing the police, A1 escaped from the place. The petitioner (A3) went into the house of A1 and handed over a bag taken from the house, which contained 28.140 kilograms of ganja. A perusal of the other records, including the charge sheet, would show that A1 surrendered before the learned Judicial Magistrate No.IV, Madurai, on 15.06.2024 and was remanded to judicial custody. On 21.06.2024, based on the confession of A1, the respondent-police recovered 1.250 kilograms of ganja, which A1 had also kept hidden in another house. Thereafter, on 28.06.2024, A2 and A4 were arrested, and 5 kgs of ganja was seized from them. 8. It is the fact that though A1 escaped from his house while the police went to the house of the A1, the petitioner (A3) has correctly taken the bag from the house and handed over the same to the police. The said bag contained 28.140 kilograms of 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 ganja, which is admittedly a commercial quantity. Therefore, it is clear that there was conspiracy between the petitioner (A3) and A1. In view of the Section 29 of NDPS Act, rigors stated in Section 37 of the Act would be applicable to the case of the petitioner (A3). Considering the same and also considering the fact that the petitioner has a previous contraband case, this Court is of the opinion that if the petitioner is enlarged on bail, he may commit similar offence. This Court is not inclined to grant bail to the petitioner. To be noted, the above view is recorded only for the limited purpose of deciding the bail petition. The above view, in any way, would not cause any prejudice to the rights of the petitioner in defending the case during the Trial. 9. In the result, this Criminal Original Petition is dismissed. sd/- 26/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.1578 of 2025 TO 1 THE SPECIAL JUDGE PRINCIPAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI DISTRICT. 2 THE INSPECTOR OF POLICE, PEW MADURAI CITY POLICE STATION, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.1578 of 2025 Date :26/03/2025 HPS/SAR / 27.03.2025/7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7 https://www.mhc.tn.gov.in/judis