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G. CHANDRASEKHARAN
Raju – Appellant
Versus
State Represented by the Inspector of Police – Respondent
ORDER
The Criminal Original Petition is filed to enlarge the petitioner/A2 on bail in CC.No.53 of 2023 pending on the file of the Court of 1st Additional Special Court for Exclusive Trial of cases under NDPS Act, Chennai.
2. The case of the prosecution in brief is that, on 14.09.2022 the defacto complainant received a secret information at about 9:00 a.m., that 3 persons would bring ganja for sale at about 10:30 a.m. near Venkatapuram junction. The defacto complainant recorded the information, obtained necessary permission and mounted surveillance along with police party at the spot from 9.05 a.m. At about 9.30 a.m., three persons came from the direction of Nagari, Andra Pradesh to Venkatapuram, each holding sacks in their hands. On being identified by the informant, they were apprehended and they are one Muruganandam, Raju, and Suresh Pandian. The accused were informed about the secret information that, they possess ganja and they were offered to be taken before the learned Judicial Magistrate/Government Officer for physical search. They refused the offer and preferred the defacto complainant to search them. Accordingly, a search was conducted. During the search, 5 kgs of ganja wa
Sampling of seized contraband has to be done as per Standing Instructions.
Bail under the NDPS Act requires the accused to demonstrate reasonable grounds for believing they are not guilty, especially when substantial commercial quantities of contraband are involved.
The main legal point established in the judgment is the application of Section 37(1)(b)(ii) of NDPS Act and the interpretation of the concept of possession as occurring in Section 20 to 22 of NDPS Ac....
Possession of contraband requires awareness; presumption of conscious possession arises when transporting substantial quantities, limiting bail options under NDPS Act.
The central legal point established in the judgment is the significance of compliance with Section 52A of the NDPS Act in the seizure and handling of contraband substances, and the requirement for th....
The prosecution must prove its case beyond reasonable doubt, especially in drug-related offenses, where compliance with mandatory procedures is crucial.
The court established that procedural compliance under the NDPS Act is crucial for the admissibility of evidence, impacting the decision to grant bail.
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