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MADRAS HIGH COURT
Honourable Mr Justice B.PUGALENDHI
Jeya Sudha – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/5104/2021
NDPS ACT - [KEYWORD] - The Court discussed the legal framework applicable to the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and its provisions relating to bail in cases involving commercial quantities of drugs. The Court highlighted the importance of following the triple conditions for grant of bail under Section 37 of the NDPS Act, the time limits for filing the final report under Section 36A(4), and the powers of the Special Court to extend the time for filing the final report. The Court also emphasized the need for proper storage and disposal of seized drugs and the importance of coordination between investigating agencies and the judiciary.
Fact of the Case:
The petitioners were arrested and remanded to judicial custody for offenses punishable under Sections 8(c), 20(b)(ii)(c), 25 & 29(1) of the NDPS Act, 1985. They filed bail petitions before the High Court, which were dismissed due to the provisions under Section 37 of the NDPS Act. However, the petitioners obtained statutory bail under Section 167(2) Cr.P.C. before the Special Courts.
Finding of the Court:
The Court held that the petitioners were not entitled to regular bail under Section 37 of the NDPS Act as they were found in possession of commercial quantity of contraband. However, the Court noted that the petitioners had obtained statutory bail under Section 167(2) Cr.P.C. due to the delay in filing the final report by the investigating agency. The Court also observed that there were certain discrepancies in the storage and disposal of seized drugs and that the investigating agencies were not following the proper procedures for obtaining samples for chemical analysis.
Issues: 1. Whether the petitioners were entitled to regular bail under Section 37 of the NDPS Act? 2. Whether the petitioners were entitled to statutory bail under Section 167(2) Cr.P.C.? 3. Whether there were any discrepancies in the storage and disposal of seized drugs? 4. Whether the investigating agencies were following the proper procedures for obtaining samples for chemical analysis?
Ratio Decidendi: 1. The Court held that the petitioners were not entitled to regular bail under Section 37 of the NDPS Act as they were found in possession of commercial quantity of contraband. 2. The Court noted that the petitioners had obtained statutory bail under Section 167(2) Cr.P.C. due to the delay in filing the final report by the investigating agency. 3. The Court observed that there were certain discrepancies in the storage and disposal of seized drugs and that the investigating agencies were not following the proper procedures for obtaining samples for chemical analysis.
Final Decision: The Court dismissed the bail petitions filed by the petitioners.
CRL OP(MD).No.5104 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 06.01.2023
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL.O.P(MD)Nos.5104, 5843, 10854
AND 10902 OF 2021
CRL.O.P(MD)NOS.5104, 5843 OF 2021 :
JEYA SUDHA ... PETITIONER/ACCUSED No.2
in Crl.OP.(MD) No.5104/2021
RANJITHAM
... PETITIONER/ACCUSED No.3
in Crl.OP.(MD) No.5843/2021
Vs
THE STATE REP. BY,
1. THE INSPECTOR OF POLICE,
SINDHUPATTI POLICE STATION,
MADURAI DISTRICT.
(CRIME No.1028 of 2020).
2. K.RAJASEKARAN,
LAW OFFICER OF THE SPECIAL COURT FOR NDPS CASES,
MADURAI.
3. SIVASAKTHI,
THE THEN INSPECTOR OF POLICE,
SINDHUPATTI POLICE STATION,
MADURAI DISTRICT.
(R2 and R3 Suo Motu Impleaded as per Common order
of this court dated 02.08.2021 in Crl OP(MD) Nos.
5104/2021 and 5843/2021).
... RESPONDENTS/COMPLAINANTS
(IN BOTH PETITIONS)
CRL.O.P(MD)NO.10854 OF 2021 :
SUBBASH
... PETITIONER / ACCUSED NO.7
Vs
THE STATE REP.BY,
THE INSPECTOR OF POLICE
KAMUTHI POLICE STATION,
RAMNAD DISTRICT.
(IN CRIME NO.128/2021)
... RESPONDENT / COMPLAINANT
1/17
https://www.mhc.tn.gov.in/judis
CRL OP(MD).No.5104 of 2021
CRL.O.P(MD)NO.10902 OF 2021 :
ANTHONI DHANARAJ
... PETITIONER/PETITIONER/
ACCUSED RANK NOT KNOWN
Vs
THE STATE REP.BY
THE INSPECTOR OF POLICE,
RAMANATHAPRUAM TOWN B-1 POLICE STATION,
RAMNATHAPURAM DISTRICT.
CRIME NO. 13 OF 2020.
... RESPONDENT/RESPONDENT /
COMPLAINANT
For Petitioners
: Mr.M.JAGADESH PANDIAN, Advocate
(In Crl.OP(MD)Nos.5104 & 5843 of 2021)
: Mr.NIRANJAN S.KUMAR, Advocate
(In Crl.OP(MD) No.10854 of 2021)
: Mr.S.SARAVANA KUMAR
(In Crl.OP(MD) No.10902 of 2021)
For Respondents : Mr.T.SENTHIL KUMAR,
Additional Public Prosecutor
(for R.1 in Crl.OP(MD)Nos.5104 & 5843 of 2021)
(for sole respondent in Crl.OP(MD)Nos.10854 &
10902 of 2021)
: Mr.G.KARUPPASAMY PANDIAN, Advocate
(for R.2 in Crl.OP(MD)Nos.5104 &
5843 of 2021)
PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
COMMON PRAYER :- For Bail in Crime Nos.1028 of 2020, 128 of 2021
and 13 of 2020 on the file of the respective Respondent Police.
COMMON ORDER : The Court made the following common order :-
Narcotic Drugs and Psychotropic Substances have several medical
and scientific uses. However, they can be and are also abused and
trafficked. India's approach towards Narcotic Drugs and Psychotropic
Substances is enshrined in Article 47 of the Constitution of India
which mandates that the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health. The
same principle of preventing use of drugs, except for medicinal use,
was also adopted in the three international conventions on drug
related matters, viz., Single Convention on Narcotic Drugs, 1961;
2/17
https://www.mhc.tn.gov.in/judis
CRL OP(MD).No.5104 of 2021
Convention on Psychotropic Substances, 1971; and the UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988. India has signed and ratified these three
conventions.
2.The Narcotic Drugs and Psychotropic Substances (NDPS) Act,
1985 was framed taking into account of India’s obligations under the
three UN drug Conventions as well as Article 47 of the Constitution
of the India. This Act prohibits, except for medical or scientific
purposes, the manufacture, production, trade, use, etc. of narcotic
drugs and psychotropic substances, as well as limits the use of
narcotics drugs and psychotropic substances for medical and
scientific purposes.
3.The Narcotic Drugs and Psychotropic Substances Act, 1985,
views drug offences very seriously and prescribes stiff penalties.
The Act follows a grade
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