IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 07.12.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.25815 of 2023 Vinothkumar @ Vinoth ... Petitioner -vs-

The State represented by, The Inspector of Police, T-15, SRMC Police Station, Chennai.

(Crime No.145 of 2023)

...Respondent PRAYER : Criminal Original Petition has been filed under Section 439 of Criminal Procedure Code, to enlarge the Petitioner/Accused on bail in C.C. No.600 of 2023 pending on the file of the learned Principal Special Court, Exclusive Trial of NDPS Act cases, Chennai.

For Petitioner : Mr.V.C.Janaradhanan for Mr.S.Kasirajan For Respondent :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The petitioner herein is the 4^th accused in Crime No.145 of 2023 for alleged offence under Sections 8(c) & 20(b)ii(B) of NDPS Act, altered to Sections 8(c), 20 (b) ii (c), 18(a), 22(c), 25 & 29(I) of NDPS Act. The petitioner was remanded to judicial custody on 15.02.2023 and he is in prison till date. The respondent police has completed the investigation and had filed the final report.

2. The present bail petition is filed on the ground that it is a false case and foisted against the petitioner with fabricated facts. Particularly, seizure mahazars bristles with infirmity, inconsistence to the prosecution case regarding date of seizure, place of seizure and time of seizure.

3. The learned counsel appearing for the petitioner submitted that according to the prosecution, based on the informations, they have conducted chain of search and seizure resulting in seizure of contraband at seven places, starting from 12.02.2023 at 11.55 a.m to 14.02.2023 at 08.00 p.m. Whereas, in the seizure mahazar in respect of 2 k.g of Ganja from one of the accused by name Suriya, though date and time of seizure is mentioned in Column No.2 as 12.02.2023 at 11.55 hours, the seal of the learned Judicial Magistrate Court indicates that it was on 10.02.2023.

4. Likewise, the seizure mahazar for Ashoklayland Container Lorry bearing Registration No.TN 12 AQ 6314 alleged to have been under the constructive possession of the petitioner, (Vinothkumar), the time of seizure has shown viz., 14.02.2023 at 20.25 hours near Thiruverkadu Temple. Whereas, the seizure mahazars in respect of contraband from him starts earlier, on the same day, at about 15.10 hours. It is alleged that 0.89 grams of MDMA seized from the petitioner, near Mathirivedu Junction. There is another seizure mahazar on 14.02.2023 on 15.30 hours, at the same Mathirivedu Junction, for recovery of 50 grams of white crystal methaqualone. The corrections regarding the name of the accused, place of seizures in the mahazars will clearly show that it is a foisted case.

5. In fact, the petitioner was secured by the Police on 14.02.2023 itself, but produced before the learned Judicial Magistrate on 15.02.2023, at 05.30 p.m., only after keeping in illegal custody for more than 36 hours.

6. The copy furnished by the learned counsel for the petitioner for perusal of the Court, had many corrections and not legible, this Court called for the records from the Court below in respect of the mahazars, arrest and remand in Crime No.145 of 2023 on the file of first respondent police. Accordingly, the records sent by the Court below and perused. The remand report indicates that the petitioner was arrested on 14.02.2023 at 17.30. hrs, near Poonamallee Highway, Thiruverkadu, Mathirivedu Junction and produced before the learned Judicial Magistrate on the next day before his arrest seizure of contraband effected. A copy of the seizure mahazars forwarded by the Court below indicates that the operation of the search and seizure commenced on 12.02.2023, based on the informations received by the Inspector of Police, T-15, SRMC Police Station, at 09.45 p.m. The information does not disclose the name of this petitioner, only Suriya and Praveen Kumar @ Babblu who are named by the informant. However, after securing Suriya and Paveen Kumar @ Babblu,