Kumar v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2036 of 2022 KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP [ RESPONDENT ] THE INSPECTOR OF POLICE, PAPPARAPATTI POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO. 509 OF 2021) For Petitioner : M/S. M.JAYACHANDRAN Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 8 (c), 20(b)(ii),(B) of NDPS Act 1985, in Crime No.509 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that, on 14.11.2021 at about 11.00 a.m., the petitioner along with other accused were found in illegal possession of ganja weighing around 18 Kilograms. Hence, the Law Enforcing Agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he has prayed for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner along with other accused were found in illegal possession of ganja weighing about 18 Kilograms without any valid permit and further submitted that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. In view of the gravity of offence committed by the petitioner and also considering that the seized quantity is a commercial quantity, this court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/02/2022 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 INSPECTOR OF POLICE, PAPPARAPATTI POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.2036/2022 Date :07/02/2022 RW 16/02/2022 https://hcservices.ecourts.gov.in/hcservices/