The court upheld the denial of certain documents to the accused under the NDPS Act, emphasizing procedural adherence and the legal limitations on disclosure.

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.21755 of 2023, 752 and 1230 of 2024 Crl.O.P.No.21755 of 2023:-

1. Ragumathulla

2. Rilwan @ Rizwan ... Petitioners Vs The Union of India its represented by Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, Chennai – 600 001. ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to receive and accept the copy application and provide the petitioners with certified copy of Remand report dated 16.07.2023 in R.R.No.21/2023 of copy application dated 18.08.2023 on the file of the Principal Special Court for NDPS and EC act cases, Chennai.

Crl.O.P.No.752 of 2024:-

Askar ... Petitioner Vs The Union of India its represented by Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, Chennai – 600 001 ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the impugned remand order dated 16.07.2023 passed in F.No.48/1/09/2023/NCB/MDS in R.R.No.21/2023 on the files of the Judicial Magistrate I, Tambaram.

Crl.O.P.No.1230 of 2024:-

Rilwan @ Rizwan ... Petitioner Vs The Union of India its represented by Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, Chennai – 600 001 ... Respondent PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the impugned remand order dated 16.07.2023 passed in F.No.48/1/09/2023/NCB/MDS in R.R.No.21/2023 on the files of the Judicial Magistrate I, Tambaram.

In all Crl.O.Ps For Petitioners : Mr.I.Abdul Basith M.L For Respondent : Mr.N.P.Kumar Special Public Prosecutor (NCB)

COMMON ORDER

Crl.O.P.No.21755 of 2023 has been filed to receive and accept the copy application and provide the petitioners with certified copy of Remand report dated 16.07.2023 in R.R.No.21/2023 of copy application dated 18.08.2023 on the files of the Principal Special Court for NDPS and EC act cases, Chennai.

2. Crl.O.P.Nos.752 and 1230 of 2024 have been filed to set aside the impugned remand report dated 16.07.2023 passed in F.No.48/1/09/2023/NCB/MDS in R.R.No.21/2023 on the file of the Judicial Magistrate I, Tambaram.

3. Heard the learned counsel on either side and perused the materials placed on record.

4. The petitioners are accused in R.R.No.21 of 2023 registered for the offences under Sections 8(c) read with 22(c), 23(c), 24, 28 and 29 of NDPS Act , on the file of the respondent. The case of the prosecution is that on 13/14.07.2023, on the basis of secret information, the respondents seized 1.900 kgs of white crystalline substance believed to be Amphetamine outside of Tambaram Bus stand, opposite to the Tambaram Railway Station, Chennai from the petitioners and they were arrested on 15.07.2023 and remanded to judicial custody on 16.07.2023.

5. The learned counsel for the petitioners would submit that the petitioners were arrested by the respondent on 14.07.2023 and produced before the Judicial Magistrate, Tambaram, only on 16.07.2023 at about 09.50 pm beyond 24 hours after the date of arrest. After arrest, the petitioners were kept in dark and nothing was served to them. Therefore, the petitioners filed an application seeking certified copy of the remand order filed by the respondent. However, it was returned with a remark that as per the orders passed by this Court, the petitioners are not entitled for remand application or remand report.

6. A perusal of the counter filed by the respondent and on the submissions made by the learned Special Public Prosecutor (NCB) appearing for the respondent revealed that the respondent seized 1 kg of Methamphetamine from the conscious possession of the first petitioner in Crl.O.P.No.21755 of 2024, outsid