Ranjithkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6296 of 2022 IN C.C.NO.180 of 2021 (On the file of the Hon`ble Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai) RANJITHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D5, MARINA POLICE STATION, CHENNAI.

(CR.NO.831 OF 2020) For Petitioner : M/S.S.MOHAMED ANSAR 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 herein seeks bail in a case registered under the NDPS Act for the alleged possession of 25 Kgs of Ganja. 2.According to the petitioner, the co-accused has already been discharged at the time of framing charge and the same benefit shall be given to this petitioner. However, from the reading of the documents, it appears that the petitioner was found in possession of contraband and while framing the charge, the trial Court has found that no material against the co-accused. Though the charge has been sought to be framed under Section 29 of the NDPS Act, the trial court in its wisdom has discharged the second accused on the ground that there is no material to frame charge against the second accused and

the same benefit cannot be extended to this petitioner, who in fact was found in possession of the contraband and the trial court has framed charge against him and subsequent to that, the trial has commenced.

3.According to the learned Additional Public Prosecutor, P.W.1 has already been examined.

4.Considering the fact that the commercial quantity of the narcotic drug was found in possession of the petitioner herein, it is not a fit case to grant bail to the petitioner, since the requirements under Section 37 of the NDPS Act not satisfied. Hence, the criminal original petition for bail is dismissed. 5.Taking note of the request made by the learned counsel appearing for the petitioner and the date of arrest of this petitioner, the trial court is directed to complete the trial as expeditiously as possible.

-sd/- 24/03/2022 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 SPECIAL JUDGE, II ADDITIONAL SPECIAL COURT FOR EXCLUSVIE TRIAL OF CASES UNDER NDPS ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, D5, MARINA POLICE STATION, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON-I, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.MOHAMED ANSAR Advocate on payment of necessary charges SR.No.4431 CRL OP.6296/2022 Date :24/03/2022 CSK 28/03/2022