Madras High Court
S.G.Sadhanandham … vs The Superintendent Of Customs on 25 November, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
CRL OP NO. 30359 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-11-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.30359 of 2025
S.G.Sadhanandham … Petitioner
Vs
The Superintendent of Customs,
Prosecution Unit (AIR),
Custom House, Chennai – 600 001. … Respondent
PRAYER: The criminal original petition filed under Section 528 of the
Bharatiya Nagarik Surakhsa Sanhita, 2023 to set aside the order dated
29.10.2025 in Copy Application No.2034 of 2025 in R.R.No.12 of 2015
passed by the Principal Special Judge under EC & NDPS Act, Chennai, to
issue the copies requested therein.
For Petitioner … Mr.J.Sivanandaraaj
Senior Advocate
Asst. by Mr.R.Karthik
For Respondent … Mr.Rajendran Raghavan
Spl. Public Prosecutor (Customs)
ORDER
The criminal original petition has been filed to set aside the order dated 29.10.2025 in Copy Application No.2034 of 2025 in R.R.No.12 of 2015 passed by the Principal Special Judge under EC & NDPS Act, Chennai, to issue the copies requested therein. 1/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025
2. The learned Senior Advocate appearing for the petitioner submitted that the petitioner is an accused in R.R.No.12 of 2015, which was registered by the respondent, pursuant to which, he was arrested on 01.09.2015 for offences under Sections 22 and 23 of the NDPS Act, 1985 as amended and Section 135(a)(b)(c)(d)(i)(C) of the Customs Act, 1962 and remanded to judicial custody on 02.09.2015 and subsequently, released on statutory bail. After being released, the petitioner applied for copies of (1) R.R.No.12 of 2015 (In O.S.No.06/2015 on the file of the Superintendent of Customs, AIR, Chennai) and (2) O.S.No.06 of 2015 filed by the Superintendent of Customs, AIR Customs, Chennai (Information Report). However, the learned Special Judge returned the same by the impugned order dated 29.10.2025 stating that as per the order dated 13.08.2018 of the Hon’ble High Court in Crl.O.P.No.18945 of 2018 such documents could not be provided before filing of the charge sheet.
3.The learned Senior Advocate further submitted that the order passed in Crl.O.P.No.18945 of 2018 is not applicable to the facts of the case on hand. Crl.O.P.No.18945 of 2018 was filed by a third party, who is not connected with the concerned case and that, he had sought certified 2/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 copies of the Mahazar, report under Section 57 of the NDPS Act and the retracted statement of the accused. This Court , in Crl.O.P.No.18945 of 2018, finding that he is a third party and not entitled to these documents had rejected the petition. However, the petitioner being an accused is entitled to copies of the remand report in R.R.No.12 of 2015 and the information report in O.S.No.06 of 2015 even prior to the filing of the charge sheet/final report. In support of his contention, the learned Senior Advocate relied on the judgment of the Hon’ble Supreme Court in Youth Bar Association of India Vs. Union of India and another reported in (2016) 9 Supreme Court Cases 473.
4.Heard the learned Senior Advocate appearing for the petitioner as well as the learned Special Public Prosecutor (Customs) appearing for the respondent.
5.The petitioner is the accused and he has sought copies of the remand report and the information report, which is equivalent to an FIR. The Hon’ble Supreme Court, in Writ Petition (Crl.) No.68 of 2016 vide order dated 07.09.2016, at paragraphs No. 11 to 11.11 has held as follows:
“11. Having heard the learned counsel for the parties, we 3/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 think it appropriate to record the requisite conclusions and, thereafter, proceed to issue the directions:
11.1. An accused is entitled to get a copy of the first information report at an earlier stage than as prescribed under Section 207 CrPC.
11.2. An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a first information report can submit an application through his representative/agent/parokar for grant of a certified copy before the police officer concerned or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.
11.3. Once the first information report is forwarded by the police station to the Magistrate concerned or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 CrPC.
11.4. The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under the POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 the State Government, within twenty-four hours of the registration of the first information report so that the accused or any person connected with the same can download the FIR and file appropriate application before the court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.
11.5. The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where the District Magistrate has a role, he may also assume the said authority. A decision taken by the police officer concerned or the District Magistrate shall be duly communicated to the jurisdictional Magistrate concerned.
11.6. The word “sensitive” apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy, regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
11.7. If an FIR is not uploaded, needless to say, it shall 5/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 not enure per se a ground to obtain the benefit under Section 438 CrPC.
11.8. In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police, he shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
11.9. The competent authority referred to hereinabove shall constitute the committee, as directed hereinabove, within eight weeks from today.
11.10. In cases wherein decisions have been taken not to give copies of the FIR, regard being had to the sensitive nature of the case, it will be open to the accused/his authorised representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the court concerned not beyond three days of the submission of the application.6/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 11.11. The directions for uploading of FIR in the website of all the States shall be given effect from 15-11-2016.”
6.The judgment relied on in Youth Bar Association of India supra would be applicable to the facts of the present case. In such circumstances, the petitioner being an accused is entitled to the copies of the remand report and the FIR even prior to the filing of the charge sheet/final report.
7.In view of the above, the impugned order dated 29.10.2025 in Copy Application No.2034 of 2025 in R.R.No.12 of 2015 passed by the Principal Special Judge under EC & NDPS Act, Chennai, is set aside. The learned Special Judge under EC & NDPS Act, Chennai, is directed to comply with the copy application and issue copies within a period of two weeks from the date of filing of a fresh copy application.
8.Accordingly, the criminal original petition is disposed of.
25-11-2025 Index : Yes/No Internet: Yes/No 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 sms Note: Issue order copy on 05.12.2025.
To
1.The Principal Special Judge under EC & NDPS Act, Chennai,
2. The Superintendent of Customs, Prosecution Unit (AIR), Custom House, Chennai – 600 001.
3.The Special Public Prosecutor (Customs) High Court, Madras.
8/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm ) CRL OP NO. 30359 of 2025 A.D.JAGADISH CHANDIRA,J., sms Crl.O.P.No.30359 of 2025 25.11.2025 9/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 08:30:53 pm )