Murugan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN M.Murugan .... Petitioner Vs.

The State represented by, The Inspector of Police, NCB, Chennai.

(R.R. No.01 of 2022). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the R.R.No.01 of 2022, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Roselet Helen For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.01.2022 for the alleged offence under Sections 8(C) read with Section 20(b)(ii)(C), 27(A), 28 & 29 of NDPS Act in R.R.No.01 of 2022 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner along with other accused was found in possession of 369 kgs of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner has been implicated based on the confession of other accused; that the petitioner is in custody from 09.01.2022 and since further custody is not required, the petitioner may be released on bail.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the seized quantity is a commercial quantity. He further submitted that, apart from the confession, there are other materials including the call records made by the petitioner to one Mathiyazhagan.

5. The petitioner was found in commercial quantity of contraband. Though the petitioner is in custody from 09.01.2022, the petitioner has not satisfied the twin conditions under Section 37 of NDPS Act. Further, the prosecution has examined all their witnesses and closed its evidence on 06.02.2025. The trial is likely to be completed in the near future. Therefore, this 2/4

Court is not inclined to entertain this petition at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. 13.03.2025 Sma 3/4

SUNDER MOHAN., J.

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