IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.11.2025 Coram:

The Honourable Mrs.Justice T.V.THAMILSELVI Crl.R.C.No.2399 of 2025 Bazeer Ahamed ...Petitioner Versus State Rep. by Inspector of Police, H-1, Washermenpet Police Station.

(Crime No.06/2024)

...Respondent This Criminal Revision Case is filed under Sections 438 r/w. 442 of BNSS praying to set aside the order passed by the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in Crl.M.P.No.6012 of 2025 dated 15.10.2025 in C.C.No.779 of 2024 and discharge the petitioner from the charges raised against him in C.C.No.779 of 2024.

For Petitioner : Mr.D.Manojkumar For Respondent : Dr.C.E.Pratap, Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case has been filed by the Petitioner seeking to set aside the Order dated 15.10.2025 in Crl.M.P.No.6012 of 2025 in C.C.No.779 of 2024 passed by the learned Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai and discharge him from the charges raised against him in C.C.No.779 of 2024.

2. The case of the prosecution is that on 03.01.2024, at about 5.00 p.m., the Sub Inspector of Police who was in station duty at H-1 Old Washermenpet Police Station, Chennai received a secret information that two unknown persons are standing near Kannan Roundana Bus Stop for the purpose of selling the addictive substance viz., Methamphetamine, pursuant to which, the Respondent Police and their team went to Kannan Roundana Bus Stop, where, they found that two persons viz., Ansar Jilani and Sheik Dawood were standing with a two wheeler viz., Honda Activa bearing Registration No.TN 05 CM 5841. The Respondent Police seized 2 Kilograms of Methamphetamine and 5 Mobile Phones from Ansar Jilani & Sheik Dawood and arrested them. Thereafter, on 04.01.2024, Respondent Police had registered a case in Crime No.06 of 2024 against the said Ansar Jilani & Sheik Dawood under Sections 8(c) r/w. 22(c), 25, 29(i) of NDPS Act. During enquiry, Ansar Jilani & Sheik Dawood confessed that they have purchased the said Addictive substance from one Bazeer Ahmed (Petitioner herein) and selling the same to the college students and general public for their personal gain. Based on the confession of Ansar Jilani & Sheik Dawood, the Respondent Police had arrested the Petitioner and remanded him into judicial custody on 10.12.2024. After the completion of investigation, the Respondent Police had filed a Charge Sheet against the accused viz., Petitioner (Accused No.1), Ansar Jilani (Accused No.2) and Sheik Dawood (Accused No.3) before the II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. The said Charge Sheet was taken on file in C.C.No.779 of 2024. In this background, Petitioner/Accused No.1 had filed a petition in Crl.M.P.No.6012 of 2025 in C.C.No.779 of 2024 before the II Additional Special Court under EC & NDPS Act, Chennai seeking to discharge him from the case in C.C.No.779 of 2024. The learned Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai vide Order dated 15.10.2025, dismissed the said petition. Aggrieved by the same, Petitioner has filed the present Criminal Revision Case before this Court.

3. The learned counsel for Petitioner submitted that Petitioner was arrested only based on the confession statement given by Accused Nos.2 & 3, except the said confession statement, there is no other incriminating material produced by the prosecution to prove that the Petitioner had involved in the illegal sale or transportation of contraband.

3.1. It is further submitted by the learned counsel for Petitioner that the Respondent Police had recovered 2 Kilograms of Methamphetamine from the Accused Nos.2 & 3 only and not from the Petitioner. That apart, in the present case, the Respondent Police filed the FIR on 04.01.2024, but, the Petitioner was arrested by the Respondent Police only on 10.12.2024 i.e., after a lapse of 11 month