Madras High CourtCRL OP/7605/2022dismissed

Dhinesh Kumar v. State Rep By

2022-04-06Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7605 of 2022 IN C.C.NO.134 OF 2021 (On the file of the II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai) DHINESH KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H-5 NEW WASHERMENPET POLICE STATION, CHENNAI.

(CRIME NO.4482 OF 2020) For Petitioner : M/S.B.SHANKAR 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 :- This petition has been filed by the petitioner herein, who was arrested on 18.12.2020 for the alleged offence under Sections 8(c), read with 20(b)(ii)(C), 25 and 29(1) of NDPS Act, seeking bail.

2.The petitioner herein along with the other accused was arrested on 18.12.2020 for the alleged total possession of 46 Kgs of Ganja. As far as this petitioner is concerned, 22 kgs of Ganja was recovered from his personal possession.

3.The learned Additional Public Prosecutor for the respondent police states that the commercial quantity of Ganja was recovered from this petitioner and two others. On completion of the investigation, final report was already filed before the Special Court on 12.05.2021 and the Special Court has taken the same on file in C.C.No.134 of 2021. The petitioner has not so far engaged any counsel. Hence, the commencement of trial is delayed. https://hcservices.ecourts.gov.in/hcservices/

4.Recording the fact that the petitioner has involved in commercial quantity of Ganja and it is the case that does not satisfy this Court under Section 37 of NDPS Act. Hence, this Criminal Original Petition for bail is dismissed. -sd/- 06/04/2022 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 II ADDITIONAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER NDPS ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, H-5 NEW WASHERMENPET POLICE STATION, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.SHANKAR Advocate on payment of necessary charges CRL OP.7605/2022 Date :06/04/2022 MK:18/04/2022 https://hcservices.ecourts.gov.in/hcservices/