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2025 DAILYLAW 77286 (MAD)

K.REENA v. State Rep by

CRL OP/22409/2025 · 2025-08-19

G Jayachandran

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.22409 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22409 of 2025 K.Reena, F/Aged 35 years, W/o.P.Kalaimani, Mantripukhri, Near Mother Thresa Home, Imphal, Manipur-795 002. ... Petitioner/Accused-7 Vs. State Rep. by, Union of India, Rep. by Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai. (R.R.No.69 of 2023) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in C.C.No.547 of 2024 in R.R.No.69 of 2023 on the file of the Hon'ble I Additional Special Court for NDPS Act, Chennai. For Petitioner : Mr.R.Rajesh For Respondent : Mr.N.P.Kumar, Special Public Prosecutor (NCB) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22409 of 2025 O R D E R The petitioner, who arrested and remanded to judicial custody on 01.01.2024, for the offence punishable under Sections 8(c) r/w 21(c), 22(c), 28 & 29 of NDPS Act, in R.R.No.69 of 2023, registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that on the night of 22.12.2023, 4.801 Kgs of Methamphetamine was seized from one Kalaimani. Based on information given by the arrested accused, the petitioner, along with her husband and brother-in-law, were arrested at Imphal on 28.12.2023. They were travelling in a car from in which 11 kgs of Methamphetamine concealed in the car door, was recovered. 3. The Learned Counsel for the petitioner submits that the contraband was not recovered from the petitioner herself and that she had no knowledge of the concealment in the car door. 4. The Learned Special Public Prosecutor appearing for the 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22409 of 2025 respondent states that the confession statement of the petitioner reveals that she had knowledge of the concealment and intended to transport it from Manipur to Tamil Nadu. He further contends that the petitioner provided the tool used to open the false cavity in the door and facilitate recovery of the contraband. 5. The animus possidendi in relation to the contraband must be presumed under the NDPS Act, since the petitioner was found in the Company of a relative inside the vehicle where the contraband was concealed. Her knowledge of the concealment has been prima faciely established through her conduct recorded in the seizure mahazar and her own confession. Consequently, the statutory restriction and twin conditions imposed under Section 37 of the NDPS Act, squarely gets attracted in view of the material before this Court 6. Accordingly, this Criminal Original Petition stands dismissed. 19.08.2025 bsm 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22409 of 2025 To 1.The I Additional Special Judge, NDPS Act cases, Chennai. 2. The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai. 3. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22409 of 2025 Dr.G.JAYACHANDRAN, J. bsm Crl.O.P.No.22409 of 2025 19.08.2025 5/5 https://www.mhc.tn.gov.in/judis