EZHILARASAN Vs. STATE

JUDGEMENT

(1.) Crl.O.P.Nos.21505/2023 and 14144/2023 has been filed by A-3 and A-5, respectively, to quash the proceedings in C.C.No.120/2022 pending on the file of the Additional District Court and Special Court for Trial of cases under the E.C. Act, Coimbatore and Crl.O.P.No.8022/2023 has been filed by A-3 to defreeze his bank account which has been frozen by the 2nd respondent. Therefore, this Court passed common order in all these three criminal original petitions.

(2.) The 2nd respondent registered an FIR in crime No.235/2021 alleging that on 23/5/2021 at about 11.30 a.m. received a message from a reliable source with regard to procurement and sale of ganja by a couple viz., A-7 and A-8 at their residence. After obtaining permission to conduct their residential search, the 2nd respondent made a search and when they attempted to escape, they were caught hold and based on their information, A1, A2, A9 and A10 were arrested and remanded to judicial custody. Based on their confession, the 2nd respondent had seized 232.5 kgs of ganja and thereafter, registered an FIR in crime No.235/2021 for the offences under Ss. 8C, 20(b)(ii)(c) and 29(1) of NDPS Act, 1985.

(3.) During the course of investigation, the 2nd respondent recorded the confession statements of the accused and implicated the petitioners in Crl.O.P.Nos.21505/2023 and 14144/2023 as A-3 and A-5, respectively. As per the confession statement that they also colluded with other persons and convinced them to purchase contraband and the amount has been deposited in A-3's bank account, pursuant to which, the 2nd respondent had requested the bank authority to freeze the A-3's bank account. Accordingly, A-3's IOB, District Court Branch, Erode, A/c.No. 182501000016431 had been frozen.