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2020 Supreme(Mad) 2430
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Jagadish Chandira, J.
K. Sirajudeen and Ors. - Appellants
Vs.
State - Respondent
Crl. O.P. Nos. 11336 and 11934 of 2020
Decided On : 23-12-2020
For the Appellant :S. Jayakumar for J. Wlliam Shakesphere, S. Saravanakumar, Advocates
For the Respondents: N.P. Kumar, Spl. Public Prosecutor
Headnote:
Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8(c), 22(c), 28 and 29, 21(c), 67, 37, 54, 35 and 19 - Evidence Act, 1872 - Section 25 - Consignment of Contraband - Illicit Manufacturing of Tramadol Tablets - Whether accused was in conscious possession of drugs are not can be decided only during evidence let in during trial and it cannot be presumed at this stage of bail – Held, In this case dehors alleged confessional statement recorded from accused under Section 67 of NDPS Act there are other prima facie materials to show that R. Vadivel is person who has booked contraband from Villupuram and K. Sirajudeen and Sai @ Thiyagarajan are persons who have received it - Further, there are materials to show that accused were in constant touch with each other through whatsapp - Further, one Gopinath had stated that moulds were supplied by him to K. Sirajudeen who had identified him to be one Mujith to him - Later, said Gopinath had identified that K. Sirajudeen is person who had introduced him to be Mujith - Further, Arul Prakasam and wife have stated that they had allowed accused to manufacture tablets in their factory on belief they were multivitamins tablets and that they were not aware that they were banned substance - Further, there is material to show that accused had sent a message to staff of Vipul Jain asking about availability of banned substance when such being so, there are materials available other than confession statement to link accused to offence - Petitioners have not made out any reasonable ground for believing that they are not guilty of such offence and that they are not likely to commit offence while on bail - Applications dismissed.
ORDER :
A.D. Jagadish Chandira, J.
1. In Crl.O.P. No. 11336 of 2020, the petitioners were arrested and remanded to judicial custody on 13.03.2020 for the offences punishable under Sections 8(c) of NDPS Act 1985 (as amended) and Sections 22(c), 28 and 29 of NDPS Act 1985 (as amended), seek bail.
2. In Crl.O.P. No. 11934 of 2020, the petitioner was arrested and remanded to judicial custody on 13.03.2020 for the offences punishable under Sections 8(c) read with 21(c), 22(c), 28 and 29 of NDPS Act, seeks bail.
3. The case of the prosecution is that based on a specific information that one R. Vadivel (A4) of Villupuram residing at Jegannathan Nagar, Panampet, Vilmpuram, was indulging in illicit manufacturing of Tramadol tablets covered under NDPS Act, in huge quantity and transporting the same to one Sai @ Thiyagarajan (A2) of Chennai, through lorry transport, who in turn had intended to hand over the contraband to one A. Faisal Raja (A1), residing at Ayanavaram, Chennai, for the purpose of smuggling them out of Chennai and that on 12.03.2020, one consignment containing the contraband sent vide L.R. 10166028, dated 11.03.2020 by Vadivel (A4), was lying at M/s. Lakshmi Cargo Company located at Pariwakkam Main road, Senneerkuppam, Poonamallee and was likely to be collected by Sai @ Thiyagarajan (A2), the officers of Directorate of Revenue Intelligence (DRI), Chennai, proceeded to the said place and contacted Shri. A.S. Ganesh Branch, In-charge of M/s. Lakhsmi Cargo company and enquired him relating to the consignment pertaining to L.R. 10166028 dated 11.03.2020 and that the said Ganesh had informed that the consignment would be taken delivery shortly by the person concerned at their premises and the same was booked under 'To pay' category. After sometime two persons namely Sai @ Thiyagarajan (A2) and K. Sirajudeen (A3) approached the branch in-charge and got the formalities done for the clearance of the subject consignment containing the contraband and when they were about to move with the said contraband/consignment out of the lorry office, they were intercepted by the respondent. After interception, in the course of the Mahazar proceedings on 12.03.2020 at M/s. Lakhsmi Cargo company (a division of M/s. Chakradhara Aerospace and cargo (P) Ltd.) at Pariwakkam Main Road, Heritage Foods Compound, Senneerkuppam, Poonamallee, Chennai, the identities of the two persons were obtained and they introduced themselves as Shri Sai @ Thiyagarajan and K. Sirajudeen and further on enquiring Sai @ Thiyagarajan he had produced the L.R. No. 10166028 dated 11.03.2020. Initially during enquiry the said Sai @ Thiyagaran and K. Sirajudeen had informed that the consignment had only medicine tablets, but on persistent enquiry they revealed that the consignment was having "Tramadol tablets" a drug covered under NDPS Act. The said persons had informed that they have come to receive it as per their plan with one A. Faisal Raja (A1). On Further, persistent the enquiry Sai @ Thiyagarajan informed that accused A1 A. Faisal Raja had placed the order for procuring Tramadol tablets to him and in turn he along with K. Sirajudeen had placed the order for the same to one R. Vadivel of Villupuram, who manufactured the said tablets and as per their plan with R. Vadivel both of them had come to take delivery of the said consignment containing the Tramadol tables form the said delivery of the point; that both of them have knowingly indulged in the smuggling of Tramadol tablets, a drug covered under the NDPS Act in collusion with A. Faisal Raja and R. Vadivel. Thereafter, the said persons were taken to the office of the D.R.I., T. Nagar, Chennai and detailed examination of the contents of consignment was conducted and the statement were recorded under Section 67 of the NDPS Act from them. Further in continuation, the officers of the D.R.I., T. Nagar, Chennai, seized a quantity of 22.695 kgs. Of substance tablets under the provisions of the Narcotic Drugs and Psychotropic Subst
