Enquiry under Section 67 NDPS post-summons not arrest; bail denied under Section 37 for commercial quantity methamphetamine recovery and prior similar offence.

ORDER

The petitioner, who was arrested on 29.12.2023 for the offences punishable under Sections 8(c) r/w Section 22(c), 23(c), 25, 27(A) and 28& 29 of NDPS Act in C.C.No.547 of 2024 on the file of the learned I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai in connection with R.R.No.69 of 2023 in NCB.F.No.48/1/26/2023-NCB/MDS on the file of the respondent, seeks bail.

2.The case of the prosecution is that, on 21.12.2023, the respondent police, on receipt of credible information, came to know that A3 (Joseph Justin) along with A1 (Chintamani), A2 (Saravanan), A4 (Selvam) and A9 (Munnah Singh) were involved in trafficking of Methamphetamine. Pursuant to the said information, the respondent police proceeded to the house of A4 situated at Redhills, Chennai, and conducted a search. During the search, A2, A3 and A4 were found present, and 1.823 kg of Methamphetamine was recovered from the premises. On enquiry, it was revealed that the contraband had been supplied by A1, Chintamani, and upon search, she was found in possession of 2.978 kg of Methamphetamine. Thus, a total quantity of 4.801 kg of Methamphetamine was seized and samples were taken for analysis. Thereafter, notices under Section 67 of the NDPS Act were issued, and the voluntary confession statements of the accused were recorded. All the four accused were arrested and remanded to judicial custody. Based on the disclosure made by A1, the Intelligence Officer along with his team proceeded to Imphal, Manipur, on 28.12.2023. Acting on further information, they intercepted a vehicle at Keishampat Junction and conducted a search. During the search, three persons, namely Kalaimani, Reena and Roshan Kumar, were found in possession of 11 kg of Methamphetamine concealed in the vehicle. The said contraband was seized and samples were drawn. Subsequently, the said three persons were arrested and remanded to judicial custody on 01.01.2024. Based on the above seizure and further investigation, the case has been registered against the accused.

3. The learned counsel for the petitioner would submit that the petitioner, who is arrayed as A5, was secured on 28.12.2023. According to the prosecution, the respondent police intercepted the petitioner at about 22.00 hours on 28.12.2023 and recovered 11 kgs of Methamphetamine from a silver colour Maruti Alto car. It is further submitted that a notice under Section 67 of the NDPS Act was issued and, though the petitioner was secured on 28.12.2023, after recording his confession statements on 30.12.2023 and 31.12.2023, he was remanded to judicial custody only on 01.01.2024. Hence, it is contended that there is violation of Section 58 of BNSS and Article 22(2) of the Constitution of India. It is further submitted that there is delay in trial and that the grounds of arrest have not been furnished. Hence, he prayed for grant of bail.

4. The said contention was stoutly opposed by the learned Special Public Prosecutor appearing for the respondent and would submit that the petitioner cannot take advantage of the time spent during enquiry. It is further submitted that the petitioner was remanded within 24 hours from the time of arrest. He would also submit that, in offences under the NDPS Act, a liberal approach cannot be adopted in granting bail. It is further submitted that the petitioner is involved in a similar case in Crime No.19 of 2023 at Guwahati, wherein 9.669 kgs of Methamphetamine was seized, and hence, he is a habitual offender.

Therefore, he prayed for dismissal of the petition.

5. I have given my anxious conside