BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 08/08/2024
PRESENT
THE HON`BLE MR.JUSTICE B.PUGALENDHI
CRL OP(MD). Nos.6307, 6335 and 3727 of 2024
1.Salamon,
2.Jeyanthi,
3.Victoriya Rani,
4.Helen Mary, … Petitioners/Accused A1 to A4 in
Crl.OP(MD) No.6307 of 2024
P.Brihat … Petitioner/Accused in Crl.OP(MD) No.6335 of 2024
Helan Mary … Petitioner/Accused 4 in Crl.OP(MD) No.3727 of 2024
Vs
The Inspector of Police,
Kodaikanal Police Station, Kodaikanal,
Dindigul District.
Crime No. 307/2023. … Respondent/Complainant in
Crl.OP(MD) Nos.6307 & 6335 of 2024
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Deputy Superintendent of Police,
Kodaikanal Sub Division, Kodaikanal,
Dindigul District.
3.The Inspector of police,
Kodaikanal Police Station, Kodaikanal,
Dindigual District.
4.The Additional Director General of Police,
CBCID-Head Quarters,
24, Pantheon Road,
Komaleeswaranpet,
Egmore,
Chennai – 600 008. … Respondents in Crl.OP(MD) No.3727 of 2024
()5.T he Director General of Police, Chennai. … 5th Respondent in Crl.OP(MD) No.3727 of 2024 ()R5 is suo motu impleaded as per order of this Court dt.08/08/2024 in Crl.OP (MD) No.3727 of 2024 by BPJ.
For Petitioners : M/s.Raja.Karthikeyan, Advocate.
(In Crl.OP(MD) Nos.6307 & 3727 of 2024)
For Petitioner : M/s.B.Raja Advocate.
(In Crl.OP(MD) No.6335 of 2024)
For Respondents : Mr.T.Senthil Kumar,
Additional Public Prosecutor
(In all Crl.OPs)
PRAYER in Crl.OP(MD) Nos.6307 & 6335 of 2024 :-
For Bail in Crime No. 307 of 2023 on the file of the respondent police.
PRAYER in Crl.OP(MD) No.3727 of 2024 :-
To direct the respondents 1 & 2 to transfer the investigation of the case in Crime No.307 of 2023, dated 29.10.2023 on the file of the third respondent / Kodaikanal Police Station to fourth respondent /CBCID Wing, Chennai.
COMMON ORDER : The Court made the following Common order :
Crl.OP(MD) Nos.6307 & 6335 of 2024 are filed by A1 to A4 and A6 in
Crime No.307 of 2023, which is pending on the file of the Inspector of Police,
Kodaikanal Police Station, Kodaikanal for the offences punishable under Section 8(c), 22(c), 29(a) of NDPS Act, 1985, seeking bail.
2.Crl.OP(MD) No.3727 of 2024 is filed by A4 in the same Crime number
for transfer of investigation from the file of the third respondent/Kodaikanal Police Station to the CBCID, Chennai.
3.The case in Crime No.307 of 2023 was registered by the Inspector of Police, Kodaikanal Police Station as against the petitioners herein for the offence under Sections 8(c), 22(c) and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985. A1 to A3 were arrested on 29.10.2023, A4 was arrested on 29.11.2023 and A6 was arrested on 09.11.2023 and all the arrested accused were remanded to judicial custody.
4.Since all these applications are pertaining to Crime No.307 of 2023,
pending on the file of the Kodaikanal Police Station, they are taken up together for disposal by this common order.
5.The case of the prosecution is that on 29.10.2023, on information, the
respondent police has recovered 100 gms of magic mushroom from A1 and arrested him. Pursuant to the same, they have conducted a search in the house of A1, wherein, A2 and A3 were also in possession of 100 gms of magic mushroom each. Therefore, the respondent police has arrested A2 and A3 on 29.10.2023 remanded them to the judicial custody. The further case of the prosecution is that the petitioners as a family are selling magic mushroom to the tourists at Kodaikanal and also selling magic mushroom to other States through Courier. During the course of investigation, A4/the daughter of A1 and A2 were arrested on 28.11.2023 at about 10.00 p.m and remanded to judicial custody on 29.11.2023. A1 and A2 are the husband and wife, A3 and A4 are their daughters. The entire family has been arrested by the respondent police, on the ground that they were selling magic mushroom (Psilocybin). A1’s sonin law has also been arrested and arrayed as A5 in the above case. A6, who is said to be the student, studying at Bangalore was also arrested on 09.11.2023 and 3gms of magic mushroom has been recovered from him.
6.The learned counsel for A1 to A4 submits that A1 is residing in a house,
which belongs to Arcot American Mission, Kodaikanal. According to him, A1’s great grand father served in Arcot American Mission and this property was gifted to the petitioner’s ancestors by the father of the Arcot American Mission, while leaving India before independence. This property is to an extent of 3 acres with four bungalows. CSI Church has raised an issue that A1 is claiming title over the property.
CSI Church with the support of Kodaikanal International School attempted to evict A1 from the subject property. In this connection, there were incidents in the year 2022 and a cases in Crime Nos.88 of 2022, 207 of 2022 and 89 of 2022 were registered on the file of the respondent police.
7.The learned counsel further submits that patta for this property was
transferred in the name of A1. However, at the instance of CSI Church, it was cancelled and restored to Arcot American Mission. As against this order, A1 has filed a writ petition before this Court in WP(MD) No. 4110 of 2023 and the same was dismissed on 25.04.2023. A1 has also filed writ appeal in WA(MD) No. 1108 of 2023 and that was also dismissed on 20.07.2023 with liberty to A1 to file a civil suit and agitate his grievance before the appropriate civil Court. In this background, CSI Church has lodged a complaint as against the family members of A1, as if they have illegally encroached upon the church property. The respondent police has registered a case in Crime No.88 of 2022 as against A1 to A4 and the husband of A3 for the offence under Sections 120(b), 448, 294(b), 427, 506(ii), 465, 468 and 471 of IPC. A1 has lodged a counter complaint as against CSI Church and the same was registered in Crime No.89 of 2022. The case of CSI Church in Crime No.88 of 2022 is that the father of A1, one Yesudass was appointed as a guardian for the Church property in the year 1985 and after his death, his son/A1 herein was the care taker of the property and was getting salary. He was residing in the said property along with his family members. He was terminated from his service and directed to hand over the possession of the property to the Church. The property was also leased out to the Kodaikanal International School. While so, A1 entered into the property and caused damages. When the same was questioned by the Church authorities, A1 has stated that patta stands in his name and he has criminally intimidated the Church authorities. Therefore, a complaint was lodged as against A1. A1 has created some forged documents to convert the patta in his favour.
8.In this background, A1 to A3 were arrested on 28.10.2023 and were also
forced to hand over the possession of the subject property to the CSI Church. A4/the daughter of A1, who is studying Law at Bangalore, on hearing this news rushed to Kodaikanal and on the way, she has filed an application before the learned Judicial Magistrate, Kodaikanal under Section 97 of Cr.P.C to conduct search in the Police station. She was advised to approach this Court by filing HCP. Therefore, A4 has filed HCP before this Court in HCP No.1340 of 2023, on 30.10.2023. Even before, notice in the said HCP, the Deputy Superintendent of Police, Kodaikanal one Madhumathi along with the Inspector of Police were present in the Court to instruct the learned Additional Public Prosecutor. The court has adjourned the matter on 30.11.2023, directing the respondent police to file a report. The respondent police has also filed a report in a sealed cover before the Division Bench on 30.11.2023. In the meantime, A4 was arrested on 29.11.2023, as if she was having nexus with the other accused in commission of offence and having frequent contacts with them. Therefore, according to the learned counsel, in order to throw away A1 and his family members from the subject property, the respondent police have foisted this false case as against the entire family in the year 2022, at the instance of Manager of CSI Church. The petitioners have obtained anticipatory bail and they have also contested the patta proceedings. Therefore, in order to remove A1 to A4 from the subject property effectively, this case under the NDPS Act has been foisted with commercial quantity. The learned counsel further submits that when the entire family is in jail, the compound wall has been demolished and reconstructed as if this property is form part and parcel of the CSI Church properties.
9.Mr. T. Senthil Kumar, learned Additional Public Prosecutor appearing
for the respondent police has raised his objections as under:-
i. A1 was arrested along with contraband of 100 Gram of Magic Mushroom
(Psilocybin) on 29.10.2023 at about 11.45 hrs.
ii. Based on the information of Petitioner / A1, A2 and A3 were arrested on the
29.10.2023 at about 14.45 hrs. along with contraband of 200 Grams of Magic
Mushroom (Psilocybin) (A2-100 Gram and A3-100 Gram of Magic
Mushroom (Psilocybin) iii.The respondent police seized 100 Gram of Magic Mushroom and Rs.1, 00,000/- from the Petitioner/ Accused A1,100 Gram of Magic Mushroom from A2 , 100 Gram of Magic Mushroom from A3, 8 Gram of Magic
Mushroom from A6 and 3 Gram of Magic Mushroom from A7, totally 311 Gram of Magic Mushroom (Psilocybin).
iv. The investigation reveals that the Petitioners A1 to A5 are all family members, doing the business of selling the Magic Mushroom in Kodaikanal and also through French courier service in the name of Philomina Morris.
v. Further the Petitioners used to collect the money from the customers through Google Pay.
vi. It is submitted that the respondent police, one Vigneshwaran, who acted as an informer in this case, has approached A4 through Phone and transfer sum of Rs.13,000/- through Gpay for purchasing Magic Mushroom. After receipt of the amount she directed her father / A1 to hand over the Magic Mushroom to Vigneshwaran at that time the respondent police arrested A1. vii.The respondent police collected CDR Reports, Bank Details, Gpay Transactions and Courier service records to prove nexus of all the accused in this case.
viii.During the investigation one of the Courier Pocket, which was booked by the Petitioners family to A6, was redirected to Kodaikanal at the instance of the respondent police. Thereafter in the presence of Judicial Magistrate the respondent police seized contraband of 8 gram of Magic Mushroom.
ix. The averments made by the petitioners herein have already been agitated in HCP (MD) No.1340 of 2023 and the same was disposed of an elaborate hearing, by a Division Bench and was negatived. Therefore, the grounds raised by the petitioner on the civil dispute need not be considered in this bail application.
10.The learned Additional Public Prosecutor has also furnished the details
of the cases, pending against the petitioners/ A1 to A3, as under:-
Previous Cases as against A1:-
Sl.No District Name of the
Police Station & Crime No. offences
1 Dindigul Kodaikanal
PS,226/2022 147,294(b), 341, 506(i) IPC
2 Dindigul Kodaikanal
PS,88/2022 120(B), 294(b), 427, 448, 465,
468, 471, 506(2) IPC
3 Dindigul Kodaikanal
PS,207/2022 147, 294(b), 323, 324, 341, 506
(ii) IPC
4 Dindigul Kodaikanal
PS,90/2022 294(b), 342, 448, 506(i) IPC
Previous Cases as against A2 & A3:-
Sl.No District Name of the Police Station & Crime No. offences
1 Dindigul Kodaikanal
PS,226/2022 147,294(b), 341, 506(i) IPC
2 Dindigul Kodaikanal PS,88/2022 120(B), 294(b), 427, 448, 465, 468,
471, 506(2) IPC
3 Dindigul Kodaikanal
PS,207/2022 147, 294(b), 323, 324, 341, 506(ii)
IPC
11.According to the learned Additional Public Prosecutor, the quantity of
contraband involved in this case is a commercial quantity and therefore, there is a specific bar under Section 37 of NDPS Act for granting bail and these petitioners have not complied with the twin test, as required under Section 37 of NDPS Act and therefore, the earlier bail applications filed by the petitioners have been dismissed by this Court and there is no change in circumstances.
12.This Court considered the rival submissions made and also perused
the materials placed on record.
13.The petitioners are arrested in Crime No.307 of 2023 on 29.10.2023 and
on the subsequent dates that they are in possession of psychotropic substance, namely magic mushroom. The case has been registered as against these petitioners under Sections 8(c), 22(c), 29(a) of NDPS Act, 1985. The earlier applications filed by these petitioners, seeking bail were dismissed by this Court, on the objections of the respondent police that the quantity of majic mushroom, which were recovered from the petitioners is of commercial quantity and therefore, the petitioners have not satisfied the requirements of Twin test, as contemplated under Section 37 of NDPS Act. The respondent police is said to have recovered 100 gms of majic mushroom on 29.10.2023 from A1 at a different place and search was made in the house of A1 on the same day, at about 2.45 p.m and 200 more grams of magic mushroom was recovered and the same has been divided as 100 gms each to A2 and A3, the wife and daughter of A1. They have also recovered 8 gms of magic mushroom from A8 and 3gms of magic mushroom from A7. In total, 311 gms of magic mushroom was recovered from all the accused. Though the magic mushroom is not defined as a Narcotic substance under the Narcotic Drugs and Psychotropic Substances Act, 1985, the prosecution has projected it as a psychotropic substance that this magic mushroom contains Psilocybin. The magic mushroom, which were recovered from the accused were sent for chemical analysis to the Forensic Sciences Department on 01.12.2023. The Deputy Director of Narcotics Division, after examination, has submitted a report on 19.01.2024 that the samples sent by the respondent police were examined by the following methods.
i. Morphological Examination ii. Microscopic Examination iii.Chemical Tests iv. Thin Layer Chromatography (Multiple Systems) and
v. Liquid Chromatography – Mass Spectrometry.
After examination, the Deputy Director of Forensic Sciences Department has given a report that Psilocybin was detected in all eight samples and all the eight samples are
Psilocybe mushroom, but not ganja. An explanation was also given in the report, which is as under:-
i. Psilocybin is a chemical constituent of Psilocybe mushroom and it is covered under Narcotic Drugs and Psychotropic Substances Act, 1985.
ii. The items were numbered in this laboratory.
iii.The samples in Item No-1 and Item No-VIII were completely used up in analysis.
iv. This report may be used as evidence in any inquiry, trial or other proceedings as per Sec.293 CrPC.
v. Result relates only to the items examined.
vi. Report shall not be reproduced except in full, without the written approval of the Director, Forensic Sciences Department, Chennai.
14.The Central Government, by its notification in S.O.527(E), dated 16.07.1996 has specified the quantity of Narcotic drugs or Psychotropic substance as a small quantity or as a commercial quantity. As per this notification, Psilocybin is a
Narcotic drug and its chemical name is ”Dihydrogen Phosphate”. Two grams of Psilocybin is a small quantity and 50 gms of Psilocybin is a commercial quantity. As per the report of the Deputy Director (Narcotics), Forensic Sciences Department, Chennai, Psilocybin is a chemical constituent of Psilocybe mushroom and they have detected Psilocybin in the mushroom, which were sent for examination. The report does not disclose the percentage of Psilocybin in the mushroom, which has been forwarded for the analysis. In this case, 100 gms of mushroom is said to be recovered from A1 and 100 gms of mushroom is said to be recovered from A2 and A3. In the absence of any material as to the percentage of Psilocybin in the contraband alleged to have been recovered from the petitioners/accused, it cannot be termed as a commerical quantity of Psychotropic substance. However, without even ascertaining the same, the respondent police have projected this case as that of possession of commercial quantity of Psychotropic substance and therefore, the earlier bail applications filed by the petitioners were dismissed.
15.On perusing the Chemical Analysis Report of the Forensic Sciences Department, dated 19.01.2024, this Court is of the view that there is no materials available, as on date, as to the percentage of Psilocybin in Psilocybe mushroom. Therefore, it will not come under the category of commercial quantity.
16.A1 to A4 in this case belong to a same family. A1 and A2 are the father
and mother, A3 and A4 are their daughters. A4 is Law student, studying II year Law at Bangalore. A5 is the husband of A3. The prosecution has attempted to project that the entire family is doing this business of selling magic mushroom. Though these petitioners were arrested on 29.10.2023 and confessions statements were recorded, the Investigating Agency has not collected any material as to the source of magic mushroom to these petitioners.
17.The petitioners have taken a specific plea that this case has been foisted
as against them, at the instance of CSI Church at Kodaikanal and the Kodai
International School, Kodaikanal. The petitioners are residing at Arcotic Bungalow, Club Road, Kodaikanal Taluk, Dindigul District. This bungalow is situated in S.No.6 and 6/3 of Kodaikanal Town, near Kodaikanal Lake. This property, according to the learned counsel for the petitioner is the property of Arcot American Mission, Kodaikanal and the petitioners’ forefathers were maintaining the bungalow as caretakers on behalf of the Arcot American Mission. After independence, Arcot American Mission, Kodaikanal has left India and at that time, this property was gifted to them and they are administering the property. Since this is a prime property at Kodaikanal, several persons have attempted to occupy the property and therefore, A1 has sought for a help of CSI Church and CSI Church is now attempting to occupy the property illegally, by creating a document in the year 1969, as if Arcot American Mission has entrusted the property with CSI Church. However, the petitioners are in possession of the property. The patta for this property was transferred in the name of A1 and that was agitated by CSI Church, thereby it was also cancelled. In this regard, the petitioner has filed a writ petition and Writ appeal before this Court and both the writ petition and the appeal were dismissed by this Court. In the meantime, CSI Church has leased out some of the bungalows in the premises to Kodai International
School. When A1 is said to have questioned the same, the Manager of the Kodai International School has lodged a complaint as against A1 to A4 before the respondent police on 31.07.2022, as if their members and the workers were assaulted by the accused herein. A case was registered as against A1 to A4 in Crime No.226 of 2022.
18.The total extent of the disputed land in S.No.6/1,2, & 3 is around 3
acres and 12 cents, consisting of four bungalows, viz., Arcot Lodge, Arcotia South, Arcotia North, Netherland along with Woodville compound. According to the petitioner, Kodai International School staffs are residing at Arcotia North Bungalow and the remaining other bungalows are in their custody. Cases in Crime Nos.207 of 2022, dated 01.08.2022 and 226 of 2022, dated 20.08.2022 have been registered as against the petitioners. Yet another case was also registered as against the petitioners on 01.04.2022 that the petitioners have illegally encroached upon CSI church compound, occupied the same and also attempted to create forged documents. This complaint was lodged by one David Ponpandian, Presbyter and Pastorate Chairman,
CSI Church, Kodaikanal as against A1 to A5 and the same was registered in Crime
No.88 of 2022, dated 01.04.2022, for the offences punishable under Sections 120B, 448,
294(b), 427, 506(ii), 465, 468 and 471 of IPC. The petitioners A1 to A5 have approached this Court, seeking anticipatory bail in Crl.OP(MD) No.7100 of 2022 and that was objected by CSI Management by filing an intervening application. However, this Court, by order, dated 04.07.2022 has granted anticipatory bail to the accused in Crime No.88 of 2022. Thereafter, CSI management has filed an application, seeking cancellation of anticipatory bail granted to them, before this Court in Crl.MP(MD) No.10171 of 2022 in Crl.OP(MD) No.7100 of 2022 and the same was disposed of by this Court as under:-
- When the matter was taken up for hearing, the 6th respondent, who isthe Investigating Officer is also present before this court and he has stated that subsequent to the above said granting of the anticipatory bail, frequent trouble arose between the parties, over which subsequent FIR has also been registered against the respondents 1 to 5.
- Now the grievance of the petitioner is that defying the affidavit filed bythe petitioner, on 19/10/2022, it has been stated that the respondents prevented the supply of water to the school staff and the main gate was closed by them. One pipe line was severed and the water connection was cut. The workers were prevented from putting up the CCTV cameras outside the bungalows occupied by the school staff and the workers were prevented from doing the maintenance work. The workers were attacked, over which CSR Nos. 643 and 702 of 2022 were registered.
- In respect of the attack upon the workers, FIR in Crime No.226 of 2022 was registered. In respect of the occurrence, on 31/07/2022, a case in Crime No.207 of 2022 was registered. In the above said occurrence, a Senior Member of the Management was also assaulted. So according to the petitioner, the anticipatory bail, that was granted to the respondents 1 to 5 must be cancelled
7.Noting the continuous trouble exists between the parties, the respondents 1 to 5 were directed to file an undertaking affidavit. Since, the writ petition is pending before this court, till the out come of the writ petition order, both must maintain the peace in that premises. To ensure the above maintenance peace, the above said direction was issued to the respondents 1 to 5 to file an affidavit and that was also filed by them. But in the affidavit, there is no clear indication that they will not make any trouble to the school administration, maintenance of water supply, ingress and egress through the main gate and maintenance of the premises, etc. So, again the matter was listed for clarification and at that time, the learned counsel appearing for the respondents 1 to 5 has submitted that undertaking that was given to the court may be placed on record.
8.It appears that a portion of the disputed land is in the occupation of the Al and the remaining portion is in the possession of the school administration. The entire premises got only one drinking water well and a single main gate. So in such circumstances, the respondents 1 to 5 should not make any trouble to the inmates, disturb from taking drinking water and the maintenance of the premises. So, the grievance that has been expressed by the petitioner seems to be reasonable. - As usual, the respondents 1 to 5 make some allegation against thepetitioner as if they are trying to establish the right over the disputed property, taking water to unconnected area and the police was also on the side of the school administration.
- In para 4 of the affidavit filed by the 1st respondent, on 17/10/2022 runs like this-
“4. It is submitted that on 29.09.2022 the Kodai international’s Manager and more than 20 muscle powered man entered into my property and attempted to take possession by violence and illegal force with support of police, it is pertinent to state here that the CSI church and
the Kodai International School Administration was having well knowledge about the direction of this Hon’ble court that I have to undertake and file affidavit that I should not disturb the peaceful living conditions of residents/staff of Kodai international school at Arcotia north bungalow, in survey number 6 of Kodaikanal. While being the circumstance, the Kodai international school engaged more than 20 muscle powered men entered up my property premises and attempted to take possession of the property is nothing but they have not honour this Hon’ble court direction and they themselves had taken law their own hands.” - In the light of the above said contra fact that was stated by thepetitioner and the first respondent in their respective affidavit at that time of hearing, this Court stressed upon the parties to the effect that both of them must maintain peace in the premises till the disposal of the writ petition.
- The learned Senior counsel appearing for the petitioner would submitthat he would maintain the peace and the respondents counsel would also submit that he would also maintain the peace and will not disturb the staff to undertake the clearing operation and also will not disconnect the water supply, etc., and he will not lock the gate finding that there are three structures.
- This petition is disposed of by recording the following:-
(1) The undertaking given by the first respondent to the effect that he will not make any trouble to the petitioner to draw the water and supply the same to the school premises is placed on record.
(ii) The main gate to the premises may not be disturbed or closed orprevented from using the same as ingress and egress by the petitioner and staff attached to the petitioner’s Trust; and
(iii) The respondents shall not cause any trouble to the staff and inmates,who are occupying the neighbouring quarters and preventing the staff members from carrying on the maintenance work in the campus. - This petition stands disposed of with the above said terms.”
19.The petitioners/Accused have lodged a complaint as against the
management of CSI Church and the same was registered by the third respondent in
Crime No.89 of 2022. This property dispute between the petitioners and CSI Management was continuing from the month of April 2022 and several representations have been made by the petitioners /accused as against CSI
Management and Kodai International School before the respondent police, Human
Rights Commission etc., On the complaint of these petitioners, it appears that the
Human Rights Commission has also conducted an enquiry. In this background, the case in Crime No.307 of 2023 was registered as against the petitioners/A1 to A4 for the possession of magic mushroom by them on 29.10.2023 and A1 to A3 were arrested. A4/the daughter of A1 and A2, who is studying Law at Bangalore, rushed to Kodaikanal and also filed an application under Section 97 of Cr.P.C, before the
Judicial Magistrate Court, Kodaikanal and also filed Habeas Corpus Petition in HCP No.1340 of 2023, before this Court on 30.10.2023. Though the petitioners/accused were remanded to judicial custody in Crime No.307 of 2023, this Court has passed an order in the above HCP, which is as under:-
“When the matter was taken up today, Mr.Raja.Karthikeyan, learned counsel on record placed before us an order made by this Bench in a case of Mr.M.Mohamed Abbas’s case [M.Mohamed Abbas and another Vs.
The Superintendent of Police, National Investigation Agency, NIA,
Police Station, Ministry of Home Affairs, Government of India, New Delhi and others reported in CDJ 2023 MHC 4763].
2.Learned counsel drew our attention to paragraph 4 thereat as that was a case where habeas drill was post remand. As regards Gautam Navlakha’s case [Gautam Navlakha Vs. National Investigation Agency reported in 2021 SCC Online SC 382] and Serious Fraud Investigation
Office’s case [Serious Fraud Investigation Office Vs. Rahul Modi
reported in (2019) 5 SCC 266] adverted to in paragraph 4, learned counsel requests for some time to do some homework on the same and come before us.
3.Though we have not issued notice, respondents 2 and 3
[Ms.A.Madhumathi, the Deputy Superintendent of Police, Kodaikanal Sub Division, Kodaikanal, Dindigul District and Mr.D.Bastin
Thinakaran, the Inspector of Police, Kodaikanal Police Station,
Kodaikanal, Dindigul District] were present in Court to instruct learned Prosecutor, as there were earlier listings of the captioned HCP.
4.To decide whether notice has to be issued, we requisition a report inter alia regarding the raid that is said to have been conducted in the entire sub-division and the other First Information Reports which were registered pursuant to such raids.
5.List on 30.11.2023.”
20.The Deputy Superintendent of Police, Kodaikanal has filed a
confidential report. From the report, it appears that Kodaikanal police has registered only three cases for the offence of possession of magic mushroom in Crime Nos.307, 308 and 309 of 2023. All the three cases have been registered only on 29.10.2023. It appears that either before 29.10.2023 or after 29.10.2023, no other cases have been registered for possession of magic mushroom. The Division Bench of this Court dealt with HCP filed by A4 in this petition has dismissed the HCP, recording the fact that the arrested accused were remanded to judicial custody, without expressing any opinion on the grounds raised by the petitioner in the said HCP.
21.From the materials placed before this Court, this Court is of the view
that there is a dispute between the petitioners/accused and CSI Church Management, with regard to a prime property at Kodaikanal. The dispute is pending between them from the month of April 2022. Several cases have been registered as against these petitioners. The petitioners have also obtained anticipatory bail. The application filed by the CSI Management to cancel the anticipatory bail was also failed. Therefore, this case appears to have been registered as against the petitioners, even without ascertaining the quantity of Psychotropic Substance. The respondent police has projected the case as that of possession of commercial quantity and the petitioners have been successfully detained in the Prison from 29.10.2023. The petitioners claim that in the meantime, the compound wall was demolished and it has been made as the property of CSI Church. Certain photographs have also been placed to that effect.
22.This Court is of the view that the case has been foisted as against the
petitioners, for the purpose of evicting them from the property in their occupation at
Kodaikanal, for which, the respondent police has been used as a tool. In view of the foregoing discussions and reasons, this Court is inclined to grant bail to the
petitioners.
23.Accordingly, Crl.OP(MD) Nos.6307 & 6335 of 2024 are ordered and the
petitioners are ordered to be released on bail on the following conditions:-
i) The petitioners shall execute a bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Principal Special Court to deal with NDPS Act cases, Madurai.
ii) The petitioners and the sureties shall submit a copy of theirAadhaar Card or any other identity card issued by the Government in proof of their residence address; iii) The petitioners shall report before the respondent police as and when required.
iv) The petitioners shall not misuse the liberty granted to them byindulging in any further offence and shall not tamper with the
prosecution witnesses. They shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioners,the respondent police shall move an application for cancellation of the bail. - Crl.OP(MD) No.3727 of 2024 filed by A4 for transfer of investigation in
Crime No.307 of 2023, dated 29.10.2023 is allowed with the following directions:
i. This Court suo motu impleads the Director General of Police, Chennai as a respondent in Crl.OP(MD) No.3727 of 2024.
ii. The Director General of Police, Chennai is directed to withdraw the case in Crime No.307 of 2023 from the file of the Kodaikanal Police Station and to transfer the same either to CBCID, Dindigul or Madurai for further
investigation.
iii.In the event, if the final report is filed by the third respondent /Kodaikanal Police Station, the concerned Judicial Magistrate is directed not to take the final report on file.
iv. The concerned CBCID police is directed to file necessary application to conduct further investigation in Crime No.307 of 2023.
sd/ 08/08/2024
/ TRUE COPY /
13/08/2024
Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai – 625 023.
VRN
TO
1 THE PRINCIPAL SPECIAL JUDGE
TO DEAL WITH NDPS ACT CASES,
https://www.mhc.tn.gov.in/judisMADURAI.
2 THE DIRECTOR GENERAL OF POLICECHENNAI.
3 THE SUPERINTENDENT OF POLICE,DINDIGUL DISTRICT, DINDIGUL.
4 THE DEPUTY SUPERINTENDENT OF POLICE,
KODAIKANAL SUB DIVISION,
KODAIKANAL,
DINDIGUL DISTRICT.
5 THE INSPECTOR OF POLICE,
KODAIKANAL POLICE STATION, KODAIKANAL,
DINDIGUAL DISTRICT.
6 THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
CBCID-HEAD QUARTERS,
24, PANTHEON ROAD,
KOMALEESWARANPET, EGMORE, CHENNAI – 600 008.
7 THE OFFICER INCHARGE,DISTRICT PRISON, DINDIGUL.
8 THE OFFICER INCHARGE,DISTRICT SUB JAIL, DINDIGUL.
9 THE OFFICER INCHARGE,
WOMEN PRISON, NILAKOTTAI, DINDIGUL.
10 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO: https://www.mhc.tn.gov.in/judis1 THE JUDICIAL MAGISTRATE NO.II, KODAIKANAL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
+1 cc to Mr.B.RAJA, Advocate, SR.No.9766 (I) DT.09/08/2024
+2 cc to Mr.RAJA.KARTHIKEYAN, Advocate, SR.No.42755, 43009 (F) DT.12/08/2024
ORDER IN
CRL OP(MD). Nos.6307, 6335 and 3727 of 2024
Date :08/08/2024
SA/13.08.2024/28P/16C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
https://www.mhc.tn.gov.in/judis