Madras High CourtCRL OP/972/2022disposed of

Jainuallabdin v. State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.972 of 2022 JAINUALLABDIN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H-6, R.K. NAGAR POLICE STATION, CHENNAI.

CRIME NO.87 OF 2021.

For Petitioner : M/S. B.ELAKKIYA Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 04.03.2021 for the offences under Section 8(c), 20(b)(II)(C), 25 and 29(1) of NDPS Act, 1985, in Crime No.87 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner along with other accused were found in illegal possession of prohibited cannabis drug of about 75 kgs without any valid permission from the concerned authority. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 200 days from 05.03.2021. Hence, he seeks for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would raise objection stating that petitioner possessed 75 Kgs of the contraband Tobacco products and submits that the case in C.C.No.204 of 2021 on the file of the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai is still pending. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the case in C.C.No.204 of 2021 is still pending before the trial court, this Court is not inclined to grant bail to the petitioner. Further, this Court directs the trial court to dispose of the case in C.C.No.204 of 2021, within a period of four months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of. -sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE, II ADDITIONAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER NDPS ACT, CHENNAI 2 THE INSPECTOR OF POLICE, H-6, R.K. NAGAR POLICE STATION, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI.

CC to M/S. B.ELAKKIYA Advocate on payment of necessary charges CRL OP.972/2022 Date :12/01/2022 JPA 24/01/2022 https://hcservices.ecourts.gov.in/hcservices/