The individual communication of rights to the accused and the inclusion of neutral material in determining the contraband quantity are crucial legal principles established in the judgment.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to release the petitioner on bail pending investigation in the above Crime No.1166/2021 on the file of the respondent.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in Crime No.1166 of 2021 on the file of the respondent.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in Crime No.1166 of 2021 on the file of the respondent.

This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in Crime No.1166 of 2021 on the file of the respondent.)

Common Order

1. The petitioners, who were arrested for the offences punishable under Sections 8(c) r/w 22(c), 29(1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.1166 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution:-

On 11/12/2021, the Sub-Inspector of Police attached to T3-Korattur Police Station received information from his informant that, two youngsters aged about 25 years likely to come the Pump house near Korattur Railway subway between 14.30 to 15.00 hrs to sell LSD Stamp. One of them, with French beard wearing Red colour with white stripes T-Shirt and light colour designed short. The other one, with unshaved face wearing Dove-grey colour with white colour flower, full sleeves shirt and light green colour pant. If the police team come at the said time, they can apprehend them.

3. On receipt of the above information, the Sub-Inspector of Police reduced the information into writing and informed his immediate superior Officer viz., the Inspector of Police. He, in turn, informed it to the Inspector, Prohibition and Enforcement Wing, Anna Nagar. On receipt of the authorisation to proceed, the team headed by Thiru.Gopinath, Sub-Inspector of Police with Head Constables along with necessary test kits went to the spot and kept surveillance from 14.15 hrs. At about 14.35 hrs, on identification of the suspects by the informant, the raiding team nabbed the suspects and after disclosing their identity, started interrogation. Initially, they gave contradictory statements, later disclosed their name as Daniel Jacob S/o.Peter Aruldoss, aged about 22 years resident of No.27/31, Venkataraman Nagar, Korattur, Chennai and the other one as Danush S/o.Elangovan, aged about 22 years, residing at No 3/124, KVS Flats, 4th Street, Satyanagar, Manapakkam. No person nearby were ready to stand as witnesses for search. So, in the presence of the Head Constables, the suspects were informed about the option under NDPS Act for being searched before the nearest Judicial Magistrate or a Gazetted Officer. They both declined to exercise the option and consented to be searched by the Sub-Inspector in the raiding team. The option given to the suspects and their consent were reduced into writing. When they were about to search, Daniel Jacob, voluntarily took out 23 numbers of LSD Stamps and a REDMI A-2 Cellphone from his shirt pocket and handed over it to the Sub-Inspector. Danush, voluntarily took out 27 numbers of LSD STAMPS and a OPPO F17 Cell Phone from his pant pocket and handed over to the Sub-Inspector. The contrabands and cell phones were recovered under mahazar. They were kept in a brown colour cover and sealed. They both were arrested at 15.45 hrs. Arrest memo prepared and full report of seizure and arrest prepared. The statements of Daniel Jacob and Danush were recorded. The arrested accused along with the contraband recovered from them were handed over to the Station House Officer along with the report.

4. Based on the report of Gopinath, Sub-Inspector of Police, First Information Report was registered at 18.30 hrs in Crime No.1166/2021 and the arrested accused were produced before the Judicial Magistrate, Ambattur and sent to judicial remand. Later, from the information given by