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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. CHANDRASEKHARAN, J.
Vanthala Murali – Appellant
Versus
Union, Represented by The Intelligence Officer Narcotic Control Bureau Chennai Zonal Unit – Respondent
Crl.O.P. No. 8871 of 2023
Decided On : 04-08-2023
NDPS Act - Bail - Sections 20(b)(ii)(c), 25, 28 and 29 - The court dismissed the bail petition of the petitioner who was involved in the illegal transportation of ganja. The court found that the guidelines in Standing Order 1 of 1989 were substantially complied with, and there were incriminating materials other than the statements under Section 67 of NDPS Act to implicate the petitioner. The court held that the petitioner had not satisfied the twin conditions under Section 37 of NDPS Act for the grant of bail.
Fact of the Case:
The petitioner filed a bail petition seeking release pending trial in a case involving the illegal transportation of ganja. The prosecution alleged that the petitioner was involved in dealing with the supplier and hiring a driver for the transportation of ganja from Vizag to Chennai. The petitioner challenged the seizure and sampling procedure, the admissibility of cellphone conversations as evidence, and the compliance with Section 50 of NDPS Act.
Finding of the Court:
The court found that the guidelines in Standing Order 1 of 1989 were substantially complied with, and there were incriminating materials other than the statements under Section 67 of NDPS Act to implicate the petitioner. The court held that the petitioner had not satisfied the twin conditions under Section 37 of NDPS Act for the grant of bail.
Issues: The issues raised in the case included the compliance with seizure and sampling procedures, the admissibility of cellphone conversations as evidence, and the compliance with Section 50 of NDPS Act.
Ratio Decidendi: The court held that the guidelines in Standing Order 1 of 1989 were substantially complied with, and there were incriminating materials other than the statements under Section 67 of NDPS Act to implicate the petitioner. The court also found that the petitioner had not satisfied the twin conditions under Section 37 of NDPS Act for the grant of bail.
Final Decision: The court dismissed the bail petition of the petitioner, stating that the petitioner had not satisfied the twin conditions under Section 37 of NDPS Act for the grant of bail.
JUDGMENT
(Prayer: This Criminal Original Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail pending trial in C.C.No.38 of 2020 before the file of I Additional Judge, Special Court for Exclusive Trial of Cases under NDPS Act at Chennai.)
1. This Criminal Original Petition is filed praying to enlarge the petitioner on bail pending trial in C.C.No.38 of 2020 on the file of I Additional Judge, Special Court for Exclusive Trial of Cases under NDPS Act at Chennai.
2. The case of the prosecution, against this petitioner, as per the complaint allegations, in brief, is as follows:-
2.1 The Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit Shri S.Saravanan, received an information that on 23.10.2019, one person namely Rama Siva and his associate namely Murali are indulging in trafficking of ganja. They procured around 180Kg of ganja from Andhrapradesh and would deliver the consignment in Chennai in a white colour Toyota Corolla vehicle bearing registration No.AP-09-AS- 8191. They would be crossing Karanodai Toll Plaza at around 22.00hrs on 23.10.2019.
2.2 Shri S.Saravanan, Intelligence Officer, typed this information and submitted the same to Shri Prakash R, Superintendent, NCB, Chennai. On further instruction from Superintendent, a team of officers of NCB, Chennai Zonal Unit led by Shri S.Saravanan reached Karanodai Toll Plaza at around 21.00hrs on 23.10.2019. Shri S.Saravanan approached Shri S.Kamal and Shri D.Lokesh Babu and conveyed them the information received and requested them to be independent witnesses for the search and seizure proceedings to be undertaken. Both of them agreed.
2.3 At around 22.00hrs, NCB team identified the white colour Toyota Corolla bearing registration No. AP-09-AS-8191, when it was about to enter the lane of Toll Plaza. Immediately, NCB team along with two independent witnesses approached the car and asked about the identity of two persons sitting in front of the car. The person driving the car revealed his name as M.Rama Siva and the person sitting besides him revealed his name as Vanthala Murali. Both informed that they were coming from Andhrapradesh and going to Chennai. Shri S.Saravanan introduced himself, his team and independent witnesses by showing their identity cards and he revealed the information received by him and enquired them whether they are in possession of ganja. Both replied in affirmative that they are in possession of around 76 packets of ganja in the dickey of the car. When Shri S.Saravanan offered them to take them for a search before a Magistrate or a Gazetted Officer, they declined and sought to be searched by NCB Officers. Rama Siva and Vanthala Murali opened the back door of the car and took out two number plates bearing Registration No.DL-7C-G-1333 kept in the rear side seat. Then, they folded the back side seat and showed square shaped packets wrapped with brown colour adhesive tape kept in the dickey of the car. They also informed that there is a problem in the dickey lock and could not be opened from outside of the car and they took out all the brown colour packets kept in the dickey.
2.4 Then Shri S.Saravanan, cut opened one packet and found that it contains brownish green colour dry leaves in it. Shri S.Saravanan, Intelligence Officer took a pinch of brownish green colour dry leaves and checked out with Drug Detection Kit, which answered positive for Marijuana (ganja) Narcotic drug. Similarly, all the remaining 75 packets were cut opened and tested with Drug Detection Kit and all answered positive for Marijuana (ganja). Since the contents of all the 76 packets were similar in all aspects, they were collected and transferred into 8 numbers of plastic gunny bags and marked from P-1 to P-8. P-1 to P-7 each weighed 25Kgs and P-8 weighed 12.300 Kgs, total of 187
The court established that strict adherence to procedural requirements under the NDPS Act, particularly regarding sampling, is essential for the integrity of the prosecution's case, and that lack of ....
Sampling of seized contraband has to be done as per Standing Instructions.
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 court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, especially when dealing with commercial quantities of narcotics.
The satisfaction of twin requirements under Section 37(1)(b)(ii) of NDPS Act is essential for releasing a person accused of an offence involving commercial quantity, even after providing an opportuni....
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
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