BHARAT CHAUDHARY \ RAJA CHANDRASEKHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common order, we propose to dispose of two Petitions for Special Leave to Appeal filed against the common judgment and order dated 15th July, 2021 passed by the learned Single Judge of the High Court of Madras. SLP(Crl) No. 5703/2021 has been filed by Bharat Chaudhary [A-4] who is aggrieved by the reversal of the bail order dated 02nd November, 2020 granted in his favour by the learned Special Judge, EC & NDPS Cases, Chennai whereas Raja Chandrasekharan [A-1] has challenged the dismissal of the bail application filed by him under Section 439 of the Criminal Procedure Code.

(2.) The case set up by the prosecution is that on specific information received by the Directorate of Revenue Intelligence, Chennai Zonal Unit (For short 'the DRI'), Officers of DRI had seized about 1,37,665 tablets of different types collectively weighing 90Kgs. (approx.) described as psychotropic substances from the following four locations, all situated in Chennai:

(3.) Believing the tablets seized from the aforesaid premises to be composed of psychotropic substances covered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985(For short 'the NDPS Act') read with the Customs Act, the DRI conducted investigation and summoned M.V. Srinivasan [A-2] - Director of M/s 2 Destination and Propreitor of M/s S.T. Courier; Raja Chandrasekharan [A-1] - Proprietor of Ascure Pure Herbals; M. Ashok Kumar [A-3] - employee of A-1 and after recording their statements, booked them for the offences under Section 8(c) punishable under Sections 22(c), 25, 28 and 29 of the NDPS Act and arrested them on 18th October, 2019. Based on the statements made by A-1 and A-3 that they had colluded with suppliers in Nagpur and Rajasthan and procured tablets composed of psychotrophic substances for exporting and sending through courier service to customers in USA under the guise of herbal tablets, on orders received from Bharat Chaudhary [A-4], officers of DRI, Jaipur Unit conducted a search at his residence at Jaipur on 16th March, 2020 and seized some incriminating material. Thereafter, he was arrested on 17th March, 2020 for contravening the provisions of Section 8(c) punishable under Sections 22(c), 24 and 29 of the NDPS Act. On being granted transit bail by the learned Chief Metropolian Magistrate, Jaipur, A-4 was produced before the NDPS Court at Chennai on 19th March, 2020 and remanded on the same day.