Usha vs State Rep. By The Sho
2023 Latest Caselaw 13488 Mad

Citation : 2023 Latest Caselaw 13488 Mad
Judgement Date : 4 October, 2023

Madras High Court

Usha vs State Rep. By The Sho on 4 October, 2023

                                                           1

                                   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              (Criminal Jurisdiction)

                                                   Dated: 04/10/2023

                                        THE HON'BLE MR JUSTICE G.ILANGOVAN

                                            Crl.OP(MD)No.14107 of 2023

                     Usha                                      : Petitioner/A2

                                                          Vs.
                     State rep. by the SHO,
                     Kodaikanal Police Station,
                     Dindigul district.
                     (Crime No.194 of 2023)                    : Respondent/Complainant

For Petitioner : Mr.P.P.Alwin Balan

For Respondent : Mr.S.Ravi Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.194 of 2023 on the file of the respondent police.

ORDER: The Court made the following order:-

The petitioner/A2, who was arrested and remanded to

judicial custody, on 23/06/2023 for the offences

punishable under sections 8(c), 22(c), 29(1) of NDPS Act,

in Crime No.194 of 2023 on the file of the respondent

police, seeks bail.

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2.The case of the prosecution is that on 23/06/2023

at about 07.00 am, the de-facto complainant, on receiving

information, along with police team went to the

Mannavanur Kaikatti area. At that time, three persons

tried to escape on seeing the police party. They were

apprehended and on enquiry, they disclosed their name as

Ramesh, Usha and Shiju. On suspicion, search was made and

they handed over the Mushroom weighing about 50 grams.

That was handed over by A1 and further process was

undertaken as per the rules and procedure. Similarly, A2

also handed over 50 grams of Mushroom, so also A3. From

A3, 100 grams of Mushroom was found in possession. All

were arrested and remanded to custody.

3.Heard both sides.

4.In the connected matter namely Crl.OP(MD)No.15208

of 2023, the following observation has been made in para

4 to 8, which is relevant may be extracted hereunder:-

“4.A question was raised by the

learned counsel appearing for the

petitioners that only chemical

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examination report will reveal whether

the mushroom that has been recovered

from the petitioners, whether it

contains PSILOCYBIN. Till that period,

the prosecution cannot maintain the

argument that it is a commercial

quantity. On that account, elaborate

submissions were made on both sides, on

the basis of various judgments. But we

need not go into the judgments cited by

both sides.

5.This matter can be disposed of

on a single point. It has been

contended that Mushroom is a natural

product. But Magic Mushroom, which is

not a local mushroom, available only

in deep forest area in Kodaikanal. The

persons used to collect venturing into

the deep forest knowing fully well that

it will have different features and

physical appearance. They are selling

the same in the market area. More-

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particularly to the drivers of the

vehicles coming from Kerala State.

6.Whether it contains PSILOCYBIN

or only a natural mushroom can be

ascertained only on the basis of the

forensic lab report.

7.Even it has been submitted that

experienced people are capable of

identifying the magic mushroom. It is

also contended that so far, no negative

report has been received, in the past,