NANDHAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner/A2 has filed a statutory bail in Crl.M.P.No.559 of 2024 in Crime No.300 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dtd. 13/2/2024 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 A1, A2/petitioner and A3 for offence under Ss. 8(c), 20(b)(ii)(C), 29(1) and 25 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.300 of 2023. Since the investigation not completed and charge sheet not filed, the petitioner on 186th day filed statutory bail under Sec. 167(2) Cr.P.C., on 12/1/2024. Earlier to it, the respondent Police filed a petition under Sec. 36-A(4) of NDPS Act on 176th day i.e., on 8/1/2024 seeking extension of statutory period of investigation for further 180 days. The respondent Police filed a petition seeking extension of time in Crl.M.P.No.412 of 2024 on 8/1/2024. The Court below on 8/2/2024 allowed the petition filed by the prosecution seeking extension of time for investigation and on 13/2/2024 dismissed the petition filed by the petitioner for statutory bail under Sec. 167(2) Cr.P.C. 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, Chennai600130 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 Additional Public Prosecutor appearing for the respondent Police filed counter and submitted that on 17/7/2023, at about 04.00 hours, when the Sub Inspector of Police was in station, he received secret information about the illegal transportation of narcotic substance and entered the same in the general diary. After getting permission from the Inspector of Police, the Sub Inspector of Police along with two Grade-I Police Constables went to the scene of occurrence wherein the team while checking the vehicles, on seeking the Police, three persons escaped from the white Volks Wagan car bearing registration No.TN 54 E 1235. Immediately, the Police team secured the said persons and they disclosed their identify as Vasanth/A1, Nandakumar/A2/petitioner and Saran/A3. On search, the accused were in possession of 21 kgs of ganja and recorded their confession statements from them and also seized the case properties under the cover of seizure mahazar in the presence of witnesses. The confession statement reveals that the accused persons purchased ganja from Arakku at Andhra Pradesh and the same given to one Ajithkumar/A4 at Coimbatore. Thereafter, the respondent Police registered FIR in Crime No.300 of 2023 for offence under Ss. 8(c), 20(b)(ii)(C), 29(1) and 25 of NDPS Act against the accused and produced them before the concerned Magistrate for remand. Then, the samples of contraband sent to the Forensic Lab, Chennai for chemical analysis and the report received on 11/10/2023.