The main legal point established in the judgment is the requirement of evidence to support a case, especially in instances of alleged false implication.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 439 Cr.P.C. to enlarge the petitioner on bail concerned in Crime No.131/2023, on the file of the Inspector of Police, N-1 Royapuram Police Station, Chennai on such terms and conditions may deem fit and proper in the circumstances of the case.)

This Criminal Original Petition is filed praying to enlarge the petitioner on bail concerned in Crime No.131/2023, on the file of the respondent police.

2. The case of the prosecution is that on 08.05.2023 at about 10.30 hours, when the defacto complainant along with police party had involved in regular patrolling, Near Anna Park, opposite to RSRM Hospital, Royapuram, they found two persons in a car bearing registration No.TN 66 AF 3629 under suspicious circumstances. After introducing themselves, they enquired them and know them as Kasim and Kumaravel. During the course of enquiry, accused admitted possessing Methamphetamine. After following necessary procedures, a search was conducted. The following articles were seized from the possession of accused Kasim.

i) White colour crystal like object in a pocket;

ii) One Nokia Button cellphone; and

iii) One Realme grey colour cell phone.

When asked about the substance, Kasim informed that the substance is called Methamphetamine. When search was conducted on Kumaravel, he produced

(i) 200 grams of Methamphetamine from the car dickey

(ii) One blue colour i-phone and

(iii) One Samsung blue colour cellphone.

The substance from Kasim weighed 300 grams and the substance from Kumravel weighed 200 grams. After following the procedures, Methamphetamine and other articles had been seized, samples were taken. Accused were arrested and First Information Report was registered in Cr.No.131 of 2023 for the offences under sections 8(c) r/w. 22(c), 25 and 29(1) of NDPS Act.

3. Petitioners are A3 and A4. As per the counter filed by respondent, the case against petitioners is that based on the confession of A1 and A2, a search was conducted near Clive Battery, next to Beach station. A3 and A4 came in search of the A1 and A2 along with 350 grams of Methamphetamine by A3 and 150 grams of Methamphetamine by A4. They were arrested near Clive Battery along with contraband and remanded to judicial custody on 09.05.2023. Contraband, mobile phones and car were also seized.

4. Learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case. Petitioners were secured from their house by the police at about 9.15 a.m on 08.05.2023. There was no recovery of any contraband from the petitioners. This is evident from the CCTV footage available at the house of the petitioners. Arrest of the petitioners was widely published in Dhinathanthi - Tamil daily of Tanjore Edition, Dhinakaran - Tamil daily in Nagapattinam as well as Mayiladuthurai Edition. Petitioners name are not found in the First Information Report. They were implicated as per the confessional statement of co-accused.

5. During the course of hearing, learned counsel for the petitioners produced sworn affidavit of Mahalingam/first petitioner, sworn before the Jailer, Central Prison –II, Puzhal, Chennai. It is stated in this sworn affidavit that the Sub-Inspector of Police attached with Superintendent of Police, Nagapattinam along with 4 police personnel came to the house of the petitioners on 08.05.2023 at about 9.15 a.m and arrested the petitioners and brought them to Velankanni Police Station at about 9.30 a.m. The S.P., Branch Special Team handed over the petitioners to the Inspector of Police, Velankanni and informed him that the police from Royapuram Police station is coming to take the petitioners. When the petitioners were in Velankanni Police station, they were kept in a secluded room. The Deputy Superintendent of Police, Nagapattinam came to Velankanni Police station and kept the petitioners there till 3.00 p.