RAJKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner/A1 has filed a statutory bail in Crl.M.P.No.7065 of 2023 in Crime No.83 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC and NDPS Act, Chennai. The learned Judge vide order, dtd. 12/10/2023 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/A1 and yet another/A2 for offence under Ss. 8(c) r/w. 22(C), 25, 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.83 of 2023. The accused were arrested on 23/3/2023. Since the investigation not completed and charge sheet not filed, the petitioner on 181st day filed statutory bail under Sec. 167(2) Cr.P.C., on 20/9/2023 in Crl.M.P.No.7065 of 2023. Earlier to it, the respondent Police filed a petition under Sec. 36-A(4) of NDPS Act on 174th day i.e., on 13/9/2023 seeking extension of statutory period of investigation for further 180 days. On 12/10/2023, a common order in both the petitions passed allowing the extension of period of investigation in Crl.M.P.No.6864 of 2023 and dismissing the statutory bail of the petitioner in Crl.M.P.No.7065 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 and 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 23/3/2023 at about 19.15 hours, the defacto complainant/Sub-Inspector of Police, attached to the respondent Police Station was on duty, at that time, he received secret information about illegal transport of narcotic substance and entered the same in the General Diary, went along with police team to the scene of occurrence near Moor Theru Junction, Mannadi. At that time, the petitioner/A1 and A2 came in a two wheeler bearing registration No.TN 80 AL 6512, they were stopped by the respondent police and conducted search and found 7kg and 200 grams Methaphetamine in Brown Colour travel bag. Thereafter, the Inspector of Police arrested the accused and recorded their confession statements. The contraband weighing 7kg and 200 grams of Methaphetamine, two cell phones and the vehicle were seized from them under seizure mahazar in presence of witnesses. After that, the arrested accused along with the seized contrabands taken to the respondent Police station. A case was registered in in No.83 of 2023 for offence under Ss. 8(c) r/w 22(c), 25, and 29(1) of NDPS Act, 1985 against the accused persons on 23/3/2023 and remanded them to judicial custody. He would submit that the petitioner filed a statutory bail petition on 181 st day under Sec. 167(2) Cr.P.C. in Crl.O.P.No.7065 of 2023 before the Principal Special Court under EC and NDPS Act, Chennai and the same was dismissed. He further submitted that the petitioner is involved in another case in Crime No.148 of 2023 for the offence under Sec. 8(c) r/w. 22(c), 25 and 29(1) of NDPS Act. Hence, prays for dismissal of the Criminal evision Case.