K. MUSKANJA Vs. STATE

JUDGEMENT

(1.) The petitioner/A3 has filed a statutory bail in Crl.M.P.No.788 of 2024 in Crime No.275 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 the petitioner/A3 and others for offence under Ss. 8(c), 20(b)(ii)(c) & 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.275 of 2023. The accused were arrested on 20/7/2023. 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 23/1/2024. Earlier to it, the respondent Police filed a petition under Sec. 36-A(4) of NDPS Act on 172nd day i.e., on 8/1/2024 seeking extension of statutory period of investigation for further 180 days. The petitioner produced the daily proceedings wherein the petitioner filed the petition for statutory bail on 18/1/2024 is recorded. Thereafter, the case posted for enquiry on 31/1/2024 and adjourned to 1/2/2024, 2/2/2024, 6/2/2024, 7/2/2024, 9/2/2024 and 12/2/2024 Thereafter, the petition for statutory bail was dismissed on 13/2/2024. The respondent Police filed a petition seeking extension of time in Crl.M.P.No.411 of 2024 on 8/1/2024, thereafter for enquiry, it had been adjourned to 18/1/2024, 22/1/2024, 24/1/2024, 31/1/2024, and posted for filing counter on 5/2/2024, 9/2/2024, 12/2/2024 and finally, on 13/2/2024, a common order in both the petitions passed allowing the extension of period of investigation in Crl.M.P.No.411 of 2024 and dismissing the statutory bail of the petitioner in Crl.M.P.No.788 of 2024. 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 Additional Public Prosecutor appearing for the respondent Police filed counter and submitted that on 20/7/2023 at about 18.00 hours, the defacto complainant/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 viz., Tr.Saadik Baasha, Head Constable and Tmt.Ambika, Woman Head Constable went to scene of occurrence at near Naramuga Vinayagar Temple, Perambur. At that time, the three unknown persons came on that place with suspicious red colour trolly bag. When they saw the Police team, they tried to escape from the spot and the respondent police secured them and conducted search and found 22.50 kgs Charas and 400 ml Hashish Oil. Totally, 22.50 kgs Charas and 400 ml Hashish Oil were in their possession, which were seized from them 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 Crime No.275 of 2023 for offence under Ss. 8(c) r/w 20(b)(ii)(C) & 29(1) of NDPS Act, 1985 against the accused persons on 20/7/2023 and remanded them to judicial custody.