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2013 Supreme(Mad) 1492
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subbiah, J.
Intelligence Officer NCB
Versus
Selvi
Crl. O.P. No. 24489 of 2012 and M.P. Nos. 1 and 2 of 2012
Decided On : 3 April 2013
The main legal point established in the judgment is that the presumption from possession of illicit articles and the presumption of culpable mental state under the NDPS Act play a crucial role in determining bail eligibility and the burden of proof.
Headnote:
NDPS Act - Cancellation of Bail - Section 37, Section 50, Section 67, Section 8(c), Section 20(b), Section 28, Section 29, Section 439 Cr.P.C. - The court discussed the provisions of Section 37 of the NDPS Act, which acts as a bar for granting bail in cases involving commercial quantity of narcotic drugs. The court also considered the provisions of Section 50 regarding the right to be searched in front of a Magistrate or Gazetted Officers, and Section 67 for recording statements. The court's decision was influenced by the presumption from possession of illicit articles under Section 54 and the presumption of culpable mental state under Section 35 of the NDPS Act.
Fact of the Case:
The respondents were found in possession of a large quantity of ganja at a railway station. The trial Court granted bail based on the respondents' statements and the absence of evidence proving their involvement in a conspiracy to transport ganja.
Finding of the Court:
The court found that the trial Court's reasoning for granting bail was not legally sustainable as the quantity of ganja seized was commercial, and the respondents' statements could only be taken as a probable defense until proven at trial.
Issues: The main issue was whether the respondents were entitled to bail under Section 37 of the NDPS Act, considering the quantity of ganja seized and their statements regarding the involvement of other individuals.
Ratio Decidendi: The court's decision was based on the legal presumption from possession of illicit articles and the presumption of culpable mental state under the NDPS Act. It emphasized that the respondents' statements could only be considered a probable defense until proven at trial.
Final Decision: The bail granted by the trial Court was deemed improper and was subsequently cancelled. The trial Court was directed to conduct the trial and dispose of the case as early as possible.
Mr. R. SUBBIAH, J.
1. Crl. O.P. No. 24489 of 2012 is filed by the Complainant in R.R. No. 7 of 2012 in NCB F. No. 48/1/5/2012-NCB/MDS on the file of Intelligence Officer, Nartotics Control Bureau, Chennai Zonal Unit, Chennai-90 for cancellation of bail granted to the respondents/accused herein in Crl. M.P. No. 2119 of 2012 on the file of Principal Special Judge, Principal Special Court under EC & NDPS Act Cases, Chennai.
2. Brief facts are as follows:
Case of the prosecution is that the petitioner/complainant – the Intelligence Officer, Narcotics Control Bureau, Chennai has received an information on 17.3.2012 from Shri S. Maharajan, Sub Inspector, RPF Outpost, Mambalam Railway Station, as under:
“Today, when RPF was conducting drive against checking of gents travelling in the ladies coaches of EMU trains, at about 10.30 Hours, we noticed 2 ladies getting down from I Class Compartment with 4 travel bags and 4 carry bags and when asked for tickets, they were found holding only 2nd class tickets valid to travel from Chennai Egmore to Perungalathur Railway Station dated 17.3.2012 and on further enquiry they revealed their names as Janaki, aged 37 years, w/o. late Murugan and Another C. Selvi, aged 40 years, w/o. late Chandran and when asked what contained in the bags they were carrying, they revealed that the bags contained ganja leaves and they were brought along with aforesaid 8 bags to RPF Outpost, Mambalam and kept under the watch of RPF lady constables”.
3. On the basis of the said information, the officers of Narcotics Control Bureau, Chennai rushed to the RPF Outpost at Mambalam Railway Station, Chennai and approached the said Sub Inspector Maharajaran and T.K. Ramamurthy, Head Constable RPF and introduced themselves as officers of NCB, Chennai and briefed them about the information received by them and asked the RPF officials to be witnesses for the proceedings to be conducted by the NCB officers under NDPS Act, for which they agreed. Thereafter, S.Maharajan, produced the two ladies (respondents herein) along with the luggages brought by them to K.R. Srikanth, Intelligence Officer, NCB., who had already introduced himself as Intelligence Officer of NCB, Chennai by showing his identity card. Then, K.R. Srikanth, Intelligence Officer explained the provisions of Section 50 of NDPS Act that they had the right to be searched in front of a Magistrate or Gazetted Officers to which, they politely declined the offer and requested to be searched by the RPF lady constables who were present there. Then, K.R. Srikanth, Intelligence Officer, asked both the ladies whether they were in possession of any narcotic drug, for which, both the ladies replied that they were in possession of 4 travel bags containing 19 packets of ganja and 2 shopping bags containing 4 packets of ganja. Thereafter, both the respondents handed over the bags to the NCB officer, who examined all the four travel bags and the two shopping bags, which were found without any lock. Then both the ladies opened the brown chocolate colour travel bag with inscription as ‘KING’ and took out 4 packets and handed over to Shri K.R. Srikanth, Intelligence Officer, NCB. A pungent smell was coming out of these packets. Then, the said Intelligence Officer opened the first plastic cover, which contained a brown colour paper wrapped packet tied with nylon thread. On opening the same, it found to have contained compressed brown colour dry leaves and on opening the remaining 3 packets with similar type of packing, all the packets were found to contain similar compressed brown colour dry leaves. The contents of all the 4 packets were then transferred to a big white colour urea bag and mixed the entire contents. Then the officer took out a small pinch of brown colour dry leaves powder and tested the same with the field test kit which was taken along by the NCB officers, which answered positive for Marijuna (ganja). Then, the Intelligence Officer weighed the urea bag containing the ganj
