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2025 DAILYLAW 221745 (MAD)

POONGODHAI v. STATE REP. BY THE INTELLIGENCE OFFICER

/26281/2025 · 2025-11-12

Transfer Petitionbody2025

Judgment text

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Crl.OP.No.26281 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.11.2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.26281 of 2025 Poongodhai ... Petitioner Vs. The Intelligence Officer, Narcotics Control Bureau 2 nd Main Road, 3 rd Avenue, Ayyapakkam, Chennai-600 077. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the 3 rd accused/petitioner on bail in CC.No.489 of 2025 on the file of the II Additional Special Court for Exclusive Trial of Cases under EC and NDPS Act, Chennai. For Petitioner : Mr.K.Sakthivel For Respondent : Mr.N.P.Kumar, Special Public Prosecutor for NCB Cases O R D E R The petitioner, who was arrested and remanded to judicial custody on 27.09.2024 for the alleged offence under Section 8(c) r/w 20(b)(ii)(C), 28 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26281 of 2025 and 29 of NDPS Act, 1985 in CC.No.489 of 2025 on the file of the II Additional Special Court for Exclusive Trial of Cases under EC and NDPS Act, Chennai in connection with R.R.No.45 of 2024 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that, based on secret information, the respondent police conducted a search near the lorry parking area, CTH Road, opposite Tata Steel Downstream Product Ltd., Thiruninravur, Tiruvallur on 25.09.2024 and effected the seizure of 2 kgs of ganja from a Maruti Eco vehicle bearing Regn. No. TN-48-Q-6760 and arrested A1 and A2. Based on the confession statement recorded from the first accused, on 26.09.2024, the respondent seized 50.7 kgs of ganja, which had been thrown by A1 with the help of A2 into the bushes beside Chennai–Srikakulam Highway in the Tadepalle area while they were travelling to Tirupur from Andhra Pradesh. Further, based on the confession statements of the arrested accused, the petitioner/A3, who allegedly acted as a Financier-cum- Organizer for A1 and A2, was arrested. Hence, the present case. 3. The learned counsel for the petitioner submitted that the petitioner has been arrayed as A3 and she was not acquainted with the co-accused as 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26281 of 2025 alleged in the final report. He submitted that the petitioner has been falsely implicated solely based on the confession statements of A1 and A2 and that she is a daily-wage worker who has no connection with the alleged crime. He further submitted that the petitioner has been in custody from 28.09.2024 and that she is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, on instructions, submitted that the petitioner’s earlier bail petitions were dismissed by this Court vide orders dated 27.01.2025 and 24.07.2025 in Crl.O.P. Nos. 32270 of 2024 and 9703 of 2025 respectively. He further submitted that the present petition has been filed without any change in circumstances after dismissal of the earlier bail petitions. He also submitted that there is one previous case against the petitioner, in which she was convicted, and the said conviction was confirmed by this Court in Crl.A.No.1046 of 2022, which shows that the petitioner is a habitual offender. Hence, he vehemently opposed the grant of bail to the petitioner. 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26281 of 2025 5. Heard both sides and perused the materials available on record. 6. Considering the nature and gravity of the offence and the fact that the present petition has been filed without any change of circumstances after dismissal of the earlier bail petitions, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, this Criminal Original Petition stands dismissed. 12.11.2025 Vv To 1. The II Additional Special Court for Exclusive Trial of Cases under EC and NDPS Act, Chennai. 2. The Intelligence Officer, Narcotics Control Bureau 2nd Main Road, 3rd Avenue, Ayyapakkam, Chennai-600 077 3. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26281 of 2025 T.V.THAMILSELVI, J. Vv Crl.O.P.No.26281 of 2025 12.11.2025 5/5 https://www.mhc.tn.gov.in/judis