Ratish Rajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.3799 of 2022 1 RATISH RAJAN [ PETITIONERS / ACCUSED ] 2 AHAMED IQBAL FATHIH 3 MANIKANDAN 4 DAWOOTH AHAMMED SHERIF Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI DISTRICT.

CRIME NO. 2362 OF 2021.

For Petitioner : M/S.G.A.THIYAGARAJAN Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 28.07.2021 for the offences under Section 8(c) r/w 20(b)(ii) (B), 22 (c), 25, 29(i) of NDPS Act, 1985, in crime No.2362 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioners were in illegal possession of 30 boxes of Nitravet - 10, 14 boxes of TYDOL tablets and also 2 Kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioners are no way connected in this case and they were falsely implicated in this case and they are suffering incarceration for more than 7 months from 28.07.2021. He further submitted that there is no previous case as pending against the petitioners. He would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that A1 confessed that A3 gave 1500 Nitravit 10 mg tablets to him for selling and the same was seized by the Inspector of police near Basin Bridge on 28.07.2021. Further, based on the confession statement of A1, 1200 Nitrvit 10 mg tablet was seized from A2 on 30.07.2021. Further, 2 Kgs of Ganja was seized from A5. He further added that totally 6622.2 grams of Nitravit - 10 mg tablet and 381.81 grams of Tydol tablets . Hence, he vehemently opposed for grant of bail to the petitioners.

5.Considering the facts and circumstances of the case and also the submissions made by both the counsel, the contraband seized from the petitioners are commercial quantity, this Court is not inclined to grant bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. Further,the trial Court is directed to dispose the case as expeditiously as possible from the date of receipt of a copy of this order.

-sd/- 25/03/2022 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 PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI-104 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 3 THE INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. CC to M/S.G.A.THIYAGARAJAN Advocate on payment of necessary charges Sr.4687 CRL OP.3799/2022 Date :25/03/2022 RVR 29/03/2022 https://hcservices.ecourts.gov.in/hcservices/