M. SARATH Vs. STATE

JUDGEMENT

(1.) The petitioner/A4 has filed a statutory bail in Crl.M.P.No.10050 of 2023 in Crime No.264 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dtd. 12/1/2024 dismissed the same, against which, the present Criminal Revision Case.

(2.) The learned counsel for the petitioner submitted that the respondent Police registered a case against the petitioner/A4 and other accused persons for offence under Ss. 8(c), 20(b)(ii)(c) and 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.264 of 2023. The accused were arrested on 18/6/2023. Since the investigation not completed and charge sheet not filed, the petitioner on 187th day filed statutory bail under Sec. 167(2) Cr.P.C., on 22/12/2023. Earlier to it, the respondent Police filed a petition under Sec. 36-A(4) of NDPS Act on 177th day i.e., on 11/12/2023 in Crl.M.P.No.9594 of 2023 seeking extension of statutory period of investigation for further 180 days. Notice was ordered on 19/12/2023, arguments in Statutory bail petition was made on 3/1/2024 and it was reserved for orders on 4/1/2024. Finally, on 12/1/2024 a common order in both the petitions passed allowing the extension of period of investigation in Crl.M.P.No.9594 of 2023 and dismissing the statutory bail of the petitioner in Crl.M.P.No.10050 of 2023. The learned counsel further submitted that in view of the decision of Hon'ble Apex Court in the case of "M.Ravindran Versus Intelligence Officer, Directorate of Revenue Intelligence reported in (2021) 2 Supreme Court Cases 485" and this Court in "Ajith Versus State Rep. by The Inspector of Police, E-9, Thazhambur Police Station, Chennai-600130 in Crl.R.C.No.924 of 2023, dtd. 22/6/2023" followed the "Judgebir Singh @ Jasbir Singh Samra @ Jasbir & Ors., Versus National Investigating Agency in Criminal Appeal No.1011 of 2023" the impugned order passed by the Court below is not legally sustainable.

(3.) The learned Government Advocate [Crl. Side] appearing for the respondent Police filed a counter and submitted that on 18/6/2023 at about 05.00 hours, the defacto complainant/Sub-Inspector of Police, attached to the respondent Police Station was on duty, at that time, he received a secret information about illegal transport of narcotic substance, based on that, he went along with police team to the scene of occurrence i.e., Gummidipoondi Kattukollai Streeat nearby Auto Stand. At that time, the petitioner/A4 along with other accused came from there suspiciously. When they saw the Police team, they tried to escape from the spot and the respondent police secured them and conducted search and seized 36 kgs Ganja from the accused persons [A1 to A6] under seizure mahazar in presence of witnesses. Thereafter, the Inspector of Police arrested the accused and recorded their confession statements. After that, the arrested accused along with the seized contrabands taken to the respondent Police station. A case was registered in in No.264 of 2023 for offence under Ss. 8(c) r/w 20(b)(ii)(C) and 29(1) of NDPS Act, 1985 against the accused persons on 18/6/2023 and remanded them to judicial custody.