Madras High CourtCRL OP/3671/2022dismissed

Peter Sebastian v. The State Rep By Its Inspector Of Police

2022-03-02Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3671 of 2022 PETER SEBASTIAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDALUR POLICE STATION, NILGIRIS DISTRICT (CRIME NO.07/2022) For Petitioner : M/S. BIJESH THOMAS Advocate For Respondent : MS.G.V.KASTHURI Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested by the respondent police on 04.01.2022 for the offence under sections 8(c), 21(b) and 29(1) of NDPS Act, 1985, in Crime No.7 of 2022, seeks bail.

2. The case of the prosecution is that the FIR indicates that the five persons including the petitioner herein were standing near Koodalur Sembala patti shop on 04.01.2022 at about 08.00 a.m., under suspicious manner. Therefore, they were apprehended and seized from their possession about 5.73 gms of MMDA, which is a psychotropic substance prohibited under NDPS Act. Hence, arrested for offence under Sections 8(c), 21(b) and 29(1) of NDPS Act, 1985.

3. The learned counsel for the petitioner would submit that the FIR does not disclose the exact quantity of psychotropic substance recovered from and in any event, they are not commercial quantity.

4. The Learned Additional Public Prosecutor appearing for the respondent states that subsequently to this seizure, the police raided the premises of A1 and recovered 55 gms of MMDA. The seized samples has been sent for analysis and the chemical analysis report https://hcservices.ecourts.gov.in/hcservices/

is awaited. Since the investigation is in crucial stage, he opposed for granting bail stating that the petitioner may tamper the witness and distort the evidence.

5. In view of the strong objection raised by the learned Additional Public Prosecutor and taking note of the gravity of offence, the petition for bail stands dismissed. -sd/- 02/03/2022 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 INSPECTOR OF POLICE, GUDALUR POLICE STATION, NILGIRIS DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. BIJESH THOMAS Advocate on payment of necessary charges SR.No.3243 CRL OP.3671/2022 Date :02/03/2022 CSK 09/03/2022 https://hcservices.ecourts.gov.in/hcservices/