Madras High CourtCRL OP/8575/2021dismissed

Abinesh v. State By

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.8575 of 2021 Abinesh ... Petitioner Vs.

State represented by The Inspector of Police, NIB-CID Police Station, Chennai.

(Crime No.10 of 2020) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.10 of 2020 on the file of the respondent.

For Petitioner : Mr.G.Murugendran For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioner who was arrested on 29.02.2020 and remanded to judicial custody for the offences under Sections 8(c), 20(b) (ii) (C) and 29(1) of NDPS Act, 1985 in Cr.No.10 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 8 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is in possession of only 8 kgs of Ganja and it does not fall under the commercial quantity as per Section 20 (ii) B of the NDPS Act. Therefore, he prays grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) vehemently opposed grant of bail by stating that the petitioner was in possession of 26 Kgs of Ganja which is a commercial quantity. He further submits that the case is still at the investigation stage and hence he oppose to grant bail to the petitioner.

5. Considering the submission of the learned Government Advocate that investigation is still pending and if the petitioner is released on bail he may hamper investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 26/05/2021 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 PRINCIPAL SPECIAL JUDGE, PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI-600 104.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NIB-CID, POLICE STATION, CHENNAI.

CC to M/S.G.MURUGENDRAN Advocate on payment of necessary charges CRL OP.8575/2021 Date :26/05/2021 cs 23/06/2021 https://hcservices.ecourts.gov.in/hcservices/