G.Ramesh v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3587 of 2022 G.RAMESH [ PETITIONER / ACCUSED ] Vs UNION OF INDIA ..RESPONDENT/COMPLAINANT NARCOTICS CONTROL BUREAU, THROUGH INTELLIGENCE OFFICER, CHENNAI ZONAL UNIT, CHENNAI (NCB F.No.48/1/09/2021- NCB-MD) For Petitioner : M/S.SRI BALAJI LAW ASSOCIATESS Advocate For Respondent : M/S N.P.KUMAR, SPECIAL PUBLIC PROSECUTOR FOR NCB CASES PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner herein, who is arrayed as 3rd accused in a case registered by NCB for the alleged offences under Sections 8(c) r/w 22(c), 28 & 29 of NDPS Act is before this Court seeking bail on the ground that he was falsely implicated in the said case and was arrested on 26.08.2021 and he is in jail for more than six months for no fault on him.
2. However, the learned Special Public Prosecutor representing NCB Cases has stated in his counter that based on the specific information, the NCB officer intercepted a truck bearing registration No.TN 20 AR 5650 and seized 7.900 kg white crystal substance, which was later on tested on chemical analysis, found to be prohibited Narcotics substances. Further, the investigation has revealed that the contraband carried by the Jagadeeswaran and Mariappan, in the said truck was entrusted by the petitioner and he was having control over the contraband and having frequent telephone contact with Jagadeeswaran and Mariappan, while the contraband was under the transit. The details are collected along with the voluntary statement given by the accused person and recorded under Section 67 of NDPS Act, clearly discloses that pre vital role played by the petitioner herein for possessing and transporting the https://hcservices.ecourts.gov.in/hcservices/
Narcotics drugs, which came to be seized by the respondent on 24.08.2021.
3. Considering the incriminating materials available against the petitioner and the fact that the respondent has filed a complaint after completion of the investigation and filed report, which provides sufficient material to show prima facie that the petitioner involved in the crime, this Court is unable to entertain this petition under NDPS Act and hence, this criminal original petition is dismissed.
-sd/- 01/03/2022 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 UNION OF INDIA NARCOTICS CONTROL BUREAU, THROUGH INTELLIGENCE OFFICER, CHENNAI ZONAL UNIT, CHENNAI 3 THE SPECIAL PUBLIC PROSECUTOR FOR NCB CASES, HIGH COURT, MADRAS CC to M/S.SRI BALAJI LAW ASSOCIATESS Advocate on payment of necessary charges CRL OP.3587/2022 Date :01/03/2022 RVR 04/03/2022 https://hcservices.ecourts.gov.in/hcservices/