Madras High CourtCRL OP/8308/2021dismissed

Arun v. State Rep.By

2021-06-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8308 of 2021 IN CC NO.144 OF 2020 (THE PRINCIPAL SPECIAL JUDGE, SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI - 104) ARUN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB CID POLICE, CHENNAI.

CR.NO.28/2020.

For Petitioner : M/S.P.MURUGESAN Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 09.06.2020 for the offence punishable under Section 8(c), 20(b) (ii)(c), 25, 27A, 29(1) of NDPS Act 1985 in Crime No.28 of 2020 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in possession of 30 Kgs. of Ganja. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he is in judicial for more than one year and co-accused has already granted bail by this Court. Hence, he prays to grant bail.

4. The learned Government Advocate submitted that the petitioner and other accused persons were found in illegal possession of 22.900 Kgs. Ganja, which is commercial quantity. He further submitted that A3 has been released on bail by this Court on medical grounds. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen from the records that A3 is being a lady and on her medical ground, this Court was granted bail to her. That ground will not apply to this petitioner. Considering the gravity of the offence and the contraband has seied from this petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/06/2021 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 INSPECTOR OF POLICE, NIB CID POLICE, CHENNAI.

2 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL,CHENNAI.

3 THE PRINCIPAL SPECIAL JUDGE, SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI - 104 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MURUGESAN Advocate on payment of necessary charges CRL OP.8308/2021 Date :28/06/2021 RW 22/07/2021