IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-11-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA S.G.Sadhanandham … Petitioner Vs The Superintendent of Customs, Prosecution Unit (AIR), Custom House, Chennai – 600 001. … Respondent PRAYER: The criminal original petition filed under Section 528 of the Bharatiya Nagarik Surakhsa Sanhita, 2023 to set aside the order dated 29.10.2025 in Copy Application No.2034 of 2025 in R.R.No.12 of 2015 passed by the Principal Special Judge under EC & NDPS Act, Chennai, to issue the copies requested therein.

For Petitioner … Mr.J.Sivanandaraaj Senior Advocate Asst. by Mr.R.Karthik For Respondent … Mr.Rajendran Raghavan Spl. Public Prosecutor (Customs)

ORDER

The criminal original petition has been filed to set aside the order dated 29.10.2025 in Copy Application No.2034 of 2025 in R.R.No.12 of 2015 passed by the Principal Special Judge under EC & NDPS Act, Chennai, to issue the copies requested therein.

2. The learned Senior Advocate appearing for the petitioner submitted that the petitioner is an accused in R.R.No.12 of 2015, which was registered by the respondent, pursuant to which, he was arrested on 01.09.2015 for offences under Sections 22 and 23 of the NDPS Act, 1985 as amended and Section 135(a)(b)(c)(d)(i)(C) of the Customs Act, 1962 and remanded to judicial custody on 02.09.2015 and subsequently, released on statutory bail. After being released, the petitioner applied for copies of (1) R.R.No.12 of 2015 (In O.S.No.06/2015 on the file of the Superintendent of Customs, AIR, Chennai) and (2) O.S.No.06 of 2015 filed by the Superintendent of Customs, AIR Customs, Chennai (Information Report). However, the learned Special Judge returned the same by the impugned order dated 29.10.2025 stating that as per the order dated 13.08.2018 of the Hon’ble High Court in Crl.O.P.No.18945 of 2018 such documents could not be provided before filing of the charge sheet.

3.The learned Senior Advocate further submitted that the order passed in Crl.O.P.No.18945 of 2018 is not applicable to the facts of the case on hand. Crl.O.P.No.18945 of 2018 was filed by a third party, who is not connected with the concerned case and that, he had sought certified copies of the Mahazar, report under Section 57 of the NDPS Act and the retracted statement of the accused. This Court , in Crl.O.P.No.18945 of 2018, finding that he is a third party and not entitled to these documents had rejected the petition. However, the petitioner being an accused is entitled to copies of the remand report in R.R.No.12 of 2015 and the information report in O.S.No.06 of 2015 even prior to the filing of the charge sheet/final report. In support of his contention, the learned Senior Advocate relied on the judgment of the Hon’ble Supreme Court in Youth Bar Association of India Vs. Union of India and another reported in (2016) 9 Supreme Court Cases 473.

4.Heard the learned Senior Advocate appearing for the petitioner as well as the learned Special Public Prosecutor (Customs) appearing for the respondent.

5.The petitioner is the accused and he has sought copies of the remand report and the information report, which is equivalent to an FIR. The Hon’ble Supreme Court, in Writ Petition (Crl.) No.68 of 2016 vide order dated 07.09.2016, at paragraphs No. 11 to 11.11 has held as follows:

“11. Having heard the learned counsel for the parties, we think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:

11.1. An accused is entitled to get a copy of the first information report at an earlier stage than as prescribed under Section 207 CrPC.

11.2. An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a first information report can submit an application through his representative/agent/parokar for grant of a certified copy before the police officer concerned or to the Superintendent of Police on payment of such fee which is payable for obtaining