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Judgment
This Criminal Original Petition has been filed challenging the order of remand dated 13.07.2025 passed as against the petitioner by the learned Judicial Magistrate, Poonamallee, in Crime No.494 of 2025.
The case of the prosecution is that on 12.07.2025 at about 18.15 hours, the Sub Inspector of Police attached to the respondent police stastion received a secret information about the illegal sale of LSD Stamp, Methamphetamine and Ganja ; that based on the intimation, the Sub Inspector of Police, along with his team, went to the place of occurrence i.e., Maduravoyal Kammatchiamman 2nd street Junction; that A1 was found in possession of 5.25 grams of methamphetamine in his Royal Enfield two wheeler, which was seized along with his bike ; that thereafter, the respondents have arrested two other accused A2 and A3/petitioner ; that on their confession, they went to the house in which the petitioner along with other accused were found, that A2 was found in possession of 0.81 grams of LSD besides a cash of Rs.50,000/- ; that A3/petitioner was found in possession of 350 grams of Ganja ; and that thereafter A3, A7 & A8 were arrested and remanded to judicial custody on 13.07.2025, pursuant to the impugned remand orders.
The learned counsel appearing for the petitioner submitted that the grounds of arrest were not furnished to the petitioner in writing as mandated in the Constitution and in Section 50 of the Cr.P.C., which is reiterated by the Hon’ble Supreme Court in several judgments and even in the latest judgment in Mihir Rajesh Shah V. State of Maharashtra and Another, reported in 2025 SCC Online 2356. He further submitted that the co-accused were already released on bail by this Court on 05.01.2026 in Crl.R.C.No.2829 of 2025.
The learned Additional Public Prosecutor appearing for the respondent submitted that the respondent police had followed the mandatory procedures for arrest ; that the petitioner was informed on the grounds of arrest and since the respondent has duly complied with the Constitutional and Statutory requirements, the learned Magistrate was justified in remanding the petitioners and therefore, the impugned orders are not liable to be set aside.
Heard the learned counsel appearing on either side and perused the materials available on record.
Admittedly, in the present case, the accused was not served with any written grounds of arrest, therefore, the arrest and subsequent remand order would be rendered illegal as reiterated by the Hon’ble Supreme Court of India in Mihir Rajesh Shah’s case cited supra. Hence, this Court is inclined to set aside the remand order passed against the petitioner. Accordingly, the remand order dated 13.07.2025 passed as against the petitioner by the learned Judicial Magistrate, Poonamallee, in Crime No.494 of 2025, is hereby set aside. The petitioner shall be released forthwith on the following conditions :
The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Additional Special Judge, Special Court under EC and NDPS Court, Chennai.
The petitioner and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar card or Bank Pass Book or mobile number to ensure their identities.
The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
In the result, this Criminal Original Petition stands allowed.