Mudassir v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Mudassir S/o.Mohamed Ragamthulla ... Petitioner Vs.

The Inspector of Police, B1 North Beach Police Station, Chennai.

(Crime No.355 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S., pleased to enlarge the petitioner on bail in Crime No.355 of 2024 on the file of the respondent Police.

For Petitioner : Mr.M.Hussaini Basha For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial 1/5

custody on 22.01.2025 for the offences under Sections 8(c), 22(b), 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.355 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.11.2024, on receipt of a secret information regarding illegal transportation of Narcotic substance, the Sub-Inspector of Police along with his team had went to the scene of occurrence, wherein, they found that accused was in illegal possession of 3 grams of Methamphetamine. The respondent have arrested the accused and seized the contraband under the cover of seizure mahazar in the presence of witnesses and registered a case in Crime No.355 of 2024 under Sections 8(c), 22(b), 29(1) of NDPS Act. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 15.11.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prayed for grant of bail to the petitioner. 2/5

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that there are totally four accused in this case and the petitioner herein is ranked as A4. He further submitted that the petitioner along with other accused was found to be in illegal possession of 3 grams of Methamphetamine. He further submitted that five previous cases of similar nature are pending as against the petitioner. Hence, he opposed for grant of bail to the petitioner.

5.Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the above facts and circumstances of the case and the submissions made by either side of the parties, this Court is of the opinion that the petitioner has not satisfied the twin conditions required under Section 37 of NDPS Act. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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14.02.2025 drl G.K.ILANTHIRAIYAN, J.

drl To

1. The The Inspector of Police, B1 North Beach Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

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