S.Kathiravan @ Thambis v. The State Rep By

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.4391 of 2022 S.KATHIRAVAN @ THAMBIS [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M4, REDHILLS POLICE STATION, CHENNAI.

CRIME NO.1402/2021.

For Petitioner : M/S.R.REVATHY Advocate For Respondent : M/s.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 23.09.2021 for the offence under sections 8(c), 20(b) (ii) (C), 25 and 29(i) of NDPS Act, 1985, in Crime No.1402 of 2021, seeks bail.

2. The petition for bail by the 6th accused has lodged by the respondent police for recovering of 140 kg of Ganja.

3. The learned counsel for the petitioner would submit that the petitioner herein was arrested on 23.09.2021 and has filed the bail petition stating that he is an innocent person and he has been falsely implicated in this case. Though contraband was recovered from him, his arrest was after two months of the alleged recovery.

4. The learned Additional Public Prosecutor has filed counter stating that the petitioner herein had been the inter mediator for procuring Ganja from Andhra Pradesh and transporting it to Tamil Nadu and to the other accused. On 23.07.2021 Indica car bearing registration No.TN 67 AW 4950 was intercepted and 140 Kgs of Ganja was recovered from occupants and the TaTa indica car possessed by the petitioner was seized this petitioner given voluntary statement about his involvement. The investigation has disclosed that this petitioner is involved in illicit transport of Ganja since 2016 and he is one of https://hcservices.ecourts.gov.in/hcservices/

the transporters in this case and 140 kgs of Ganja is commercial quantity in nature being transported inter state, if he is released on considering his antecedents he may again involved in similar offence and also go absconding.

5. On perusal of the C.D file of the final report, this Court finds that there is merit in the submission made by the public prosecutor and there is a prima facie case against the petitioner for involving illicit Narcotic Drug of commercial quantity and hence the petition for bail stands dismissed.

6. However, the trial Court taking note of the fact that the petitioners are in prison, expedite the trial at the earliest. -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 PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI - 104.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 3 THE INSPECTOR OF POLICE, M4, REDHILLS POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.REVATHY Advocate on payment of necessary charges CRL OP.4391/2022 Date :02/03/2022 RVR 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/