S. Jainulaphuthin vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 05.03.2021 for the offences under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(i) of the NDPS Act in C.C.No.204 of 2021 on the file of the II Additional NDPS Special Court under NDPS Act, Chennai in respect of Crime NO.87 of 2021 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 04.03.2021 at about 17.15 hours, the then Inspector of Police received a secret information about the illegal sale of ganja at nearby IOC Railway gate. Based on the information, after obtaining permission from the higher official, the respondent police went to the scene of occurrence. On Searching, the accused persons A-1-Raja Mohammed, A-2/Yasar Arabath, A-3/Saravanan, A-4/Jainulaphuthin, A-5/Mohammed Riyaz, A-6/Sanjay, A-7/Rajesh @ Setting Rajesh were in two autos bearing Nos.TN-05-BD-7510 and TN-05-WB-2264 and one Hone Activa-two wheeler bearing Registration No.TN-03-AC-0058 had kept in possession of 76 Kgs Ganja at White Color bag and the respondent police seized the contraband and arrested them and registered the case under Sections 8(c) r/w 20(b)(ii)(c), 25 and 29(i) of the NDPS Act in C.C.No.204 of 2021 on the file of the II Additional NDPS Special Court under NDPS Act, in Crime No.87 of 2021 on the file of the respondent police and the petitioner is arrayed as A4.

The learned counsel for the petitioner would submit that there are totally eight accused, in which the petitioner is arrayed as A4. The petitioner has already filed two petitions seeking to grant bail which are dismissed by this Court. This is the third bail petition before this Court. The petitioner is not having any previous cases and there is no recovery of ganja from the petitioner herein. The petitioner went to the Police Station to help his friend Mr.Yasar Arafat- A-2 herein on that day after receiving call from his friend. He is no way connected with the case. After completion of investigation, the respondent police filed final report and the same has been taken cognizance in C.C. No.204 of 2021 before the Trial Court. The prosecution has already examined P.W.1, who is the seizure officer of the contraband. The seizure mahazars of A1 and A2 have not been marked as exhibits by P.W.1. He would further submit that the co-accused A1, A2, A5 & A7 had been released on bail in Crl. O.P. No.19917 of 2022 dated 20.09.2022 and Crl. O.P.No.23933 of 2022 dated 11.10.2022. However, on instructions, he would further submit that he is ready and willing to deposit a sum of Rs.10,000/- by way of Demand Draft to the Sidha Clinic engaged in the Madras High Court. Therefore, he prayed for bail to the petitioner.

4.The learned Government Advocate raised objection stating that there are totally eight accused, in which the petitioner arrayed as A4. A4 was in conscious possession of the seized Ganja and he is involved in the procuring of the total quantity of 76 kgs of Ganja from Andhra Pradesh through A8 for selling in Tamil Nadu illegally. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and the period of incarceration suffered by the petitioner and there is no recovery of ganja from the petitioner herein, this Court is inclined to grant bail to the petitioner herein on certain conditions.

6.Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) by way of Demand Draft to the credit of "the Registrar General, High Court, Madras", the Registry may utilize the said amount to improve the infrastructure of the Sidha Clinic attached to this Court and on such deposit the petitioner shall be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional NDPS Court-II, Chennai, and on further condition that:

(a) the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand Only) to the Sidha Clinic attached to this Court by way of Demand Draft to the credit of "the Registrar General, High Court, Madras", the Registry may utilize the said amount to improve the infrastructure of the Sidha Clinic attached to this Court.

(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall report before the Trial Court on every Tuesday and Sunday at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.