IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

and

CRL MP Nos. 23076 and 23080 of 2025

Saravanan Petitioner

Vs

State Rep by,

Inspector of Police,

Erode Taluk Police Station,

Erode District. Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records in C.C.No.120 of 2022 on the file of the learned Additional District and Special Court for trial of EC & NDPS Act Cases, Coimbatore and quash the

same.

For Petitioner: Mr.D.Padmanabhan For Respondent: Mr.K.M.D.Muhilan

Additional Public Prosecutor

ORDER

The present Criminal Original Petition has been filed by A9 to quash the

proceedings in C.C.No.120 of 2022 pending on the file of the District & Special Court for trial of EC & NDPS Act cases, Coimbatore, arising out of Crime No.235 of 2021 registered by the respondent police for the alleged offences under sections 8(c), 20(b)(ii)(C) and 29(1) of the NDPS Act and Sections 120B

and 212 of the IPC.

2. During the course of the investigation, the respondent police had recorded the confession statement of A7 and A8 who are husband and wife, based on which the other accused were implicated. As per their confession, they had procured the contraband and transported it to other accused and they helped A8 to sell it in various places. It was alleged in the confession statement that the sale proceeds were deposited in A3’s bank account. Based on the said confession, the bank account which was maintained by A3 in Indian Overseas Bank, District Court Branch, Erode was frozen as per the request of the investigating officer.

3. The learned counsel for the petitioner submitted that this Court had quashed the proceedings as against the Accused 1, 2 and 6, who are similarly placed persons, in Crl.O.P.Nos.10896 & 10978 of 2025 vide order dated 17.04.2025. They have been implicated based on the confession of Accused 7 and 8. Similarly, there is no material as against this petitioner in the confession statement of A7 and A8 and consequently, the petitioner is also similarly placed. He further submitted that the petitioner is also entitled to quashment of the impugned proceedings on the ground of parity and seek that the proceedings may be quashed against him.

4. The learned Additional Public Prosecutor submitted that the case is based on the confession statement recorded from A7 and A8, who are husband and wife. However, this Court, taking into consideration, the fact that A1, A2 and A6 have been implicated only on the basis of the confession of the arrested accused and also that there is no other material as against them, quashed the proceedings in respect of Crl.O.P.Nos.10986 and 10978 of 2025 dated

17.04.2025.

5. Admittedly, the petitioner was not a named accused in the FIR. He has been implicated only based on the confession of A7 and A8. This Court in respect of other accused implicated, had quashed the proceedings against them. The relevant portion from the order dated 17.04.2025 passed in Crl.O.P.No.10986 and 10978 of 2025 is extracted below:-

“10. Admittedly, the petitioner viz.A6 was not named accused in the FIR registered in crime No.235 of 2021. While investigation, on the strength of the confession statement from the co-accused, they have been implicated and a final report has been filed. On a perusal of the confession statement of co-accused revealed that A-3 and A-5 being Advocates, the other accused have acquaintance with regard to the conduct of cases and with the help of A-3 and A-5, they have sold the contraband and shared the proceeds.

Pursuant to the said confession statement, there was no recovery either the contraband or any cash from them.

11. Further, there is absolutely no material to show that they had contact with other accused persons. The prosecution did not even produce any call details or call records to substantiate the acquaintance between the petitioners with other accused persons. Though A-3’s bank account has been frozen, there is no mo