IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Sixth day of June Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

CRIMINAL ORIGINAL PETITION No.9178, 9181 & 9183 of 2022

C.C.NO.33 OF 2018

(ON THE FILE OF 1ST ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES

CHENNAI)

Y.SHAMEER

[ PETITIONER / ACCUSED

IN CRL.O.P.NO.9178/2022 ]

R.MUTHURAMAN

[ PETITIONER / ACCUSED

IN CRL.O.P.NO.9181/2022 ]

NAZAR NAZIR

[ PETITIONER / ACCUSED

IN CRL.O.P.NO.9183/2022 ]

Vs

THE CENTRAL REP.BY

[ RESPONDENT

THE INTELLIGENCE OFFICER

IN ALL THE PETITIONS]

DIRECTORATE OF REVENUE INTELLIGENCE,

NO.27, G.N.CHETTY ROAD,

T.NAGAR, CHENNAI-17.

(F.NO.DRI/CZU/VIII/48/ENQ-1/INT21/2017)

For Petitioner : M/S.R.C.PAUL KANAGARAJ Advocate

[IN ALL THE PETITIONS]

For Respondent : M/S.N.P.KUMAR, Special Public Prosecutor,

for DRI, Cases

[IN ALL THE PETITIONS]

PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners, who were arrested and remanded to judicial

custody on 16.06.2017 for the offence punishable under Sections 8(C)

r/w 22(c), 23, 25, 27A, 28 and 29 of NDPS Act, r/w Section 9A r/w 25A

of NDPS Act of NDPS (Regulation of controlled substances) order 1993

https://hcservices.ecourts.gov.in/hcservices/

r/w 135A of Customs Act 1962 in C.C.No.33 of 2018 on the file of the 1^st

Additional Special Judge for NDPS Act cases, Chennai in respect of

F.No.DRI/CZU/VIII/48/ENQ-1/INT-21/2017 on the file of the respondent,

seek bail.

2. The case of the prosecution is that based on an anonymous call,

the respondent herein went on secret search to JSM warehouse, situated

at Survey No.332/2 Sothupakkam Road, Budur, Redhills, Chennai and found

the raw materials used for production of Narcotic substances. It is

also alleged that the output products were stored and packed at a

godown located at Star Exports, 108, School Road, Magadu, Chennai.

Hence, this complaint.

3. The learned counsel appearing for the petitioners would submit

that there are totally 12 accused in which the petitioners are arrayed

as A5 to A7. All the petitioners are employees of A1 to A3. They were

working for monthly salary in a soap manufacturing company. He also

read out the statement recorded under Section 67 of the NDPS Act, 1985

of the petitioners herein. As per the statements, the petitioners were

not aware of any details of the unlawful manufacturing activity being

done. The owner of the company, namely, the second accused used to

purchase or bring all the items required for manufacturing of other

chemical product in the other portion of the godown. He know all the

details of the manufacturing activity and nature of the ingredients,

final manufactured products in the other side of the godown. After

completion of the manufacturing, they would take away the final product

of white colour powder to some places for delivery. However, the

petitioners did not know the exact nature/description of the product.

The petitioners also assumed that the chemical produced might be a drug

or illegal product. Except these statements and their presence in the

manufacturing unit, they have nothing to do with the crime as alleged

by the prosecution. Hence, he seeks for grant of bail to the

petitioners.

4. The learned Special Public Prosecutor (Crl.Side) for DRI cases

filed a counter and submitted that the search was conducted at M/s. JSM

Warehouse, comprised in Survey No.332/2, Sothupakkam Road, Budur

Village, Budur Road, Redhills, Chennai in presence of 2 independent

witnesses. At the time of search, the second accused and other accused

persons were present in the premises. During the course of search, the

officers found 3.065 Kgs of powdery substance tested positive for

"Methamphetamine" a drug under the NDPS Act, 1985. It was tested with

field test kit and 1.305 Kgs of powdery substance tested pos