ARUN Vs. STATE

JUDGEMENT

(1.) The petitioner has filed a statutory bail in Crl.M.P.No.8733 of 2023 in Crime No.185 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dtd. 9/1/2024 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 for offence under Ss. 8(c), r/w 22(C) and 22(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.208 of 2023. The accused was arrested on 19/5/2023. 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 15/11/2023. Earlier to it, the respondent Police filed a petition under Sec. 36-A(4) of NDPS Act on 173rd day i.e., on 7/11/2023 in Crl.M.P.No.8643 of 2023 seeking extension of statutory period of investigation for further 180 days. Notice was served on 24/11/2023. Finally, on 9/1/2024 a common order in both the petitions passed allowing the extension of period of investigation in Crl.M.P.No.8643 of 2023 and dismissing the statutory bail of the petitioner in Crl.M.P.No.8733 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 19/5/2023 at about 10.30 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., nearby Selayur Bharath University. At that time, the petitioner came from there suspiciously. When they saw the Police team, he tried to escape from the spot and the respondent police secured him and conducted search and seized MDMA ECSTACY-100 Tablets weighing 45 grams [Commercial Quantity], Cocain-8 gm, LSD Stamp- 4Nos. weighin0.03 grams from the accused person under seizure mahazar in presence of witnesses. Thereafter, the Inspector of Police arrested the accused and recorded his confession statement. After that, the arrested accused along with the seized contrabands taken to the respondent Police station. A case was registered in in No.208 of 2023 for offence under Ss. 8(c), 22(C) and 22(b) of NDPS Act, 1985 against the accused persons on 19/5/2023 and remanded them to judicial custody.