Madras High CourtCRL OP/11055/2020dismissed

R.Rajan v. State Rep. By

2020-07-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2020 CORAM :

THE HON'BLE Mr. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.11055 of 2020

1. R. Rajan

2. S. Syamkumar ... Petitioners - Vs. - The State Represented by, The Inspector of Police, NIB-CID, Salem District.

(Crime No.22 of 2020).

... Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail pending investigation in Crime No.22 of 2020 on the file of the respondent police.

For Petitioners: Mr. M. V. V. N. Sivanthy For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The Petitioners, who were arrested and remanded to judicial custody on 01.03.2020 for the offences punishable under Sections 8(c) and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act in Crime No. 22 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were found transporting 22 Kgs of Ganja which is a commercial quantity. Hence, the complaint.

3. The learned counsel for the Petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners were arrested on 01.03.2020 and they have been in judicial custody for more than 149 days. Hence, he prays for grant of bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioners were transporting 22 Kgs of Ganja illegally which is a commercial quantity. Hence, he vehemently opposed to grant of bail to the petitioners.

5. Taking in to account the nature of offence and the fact that the quantity of Ganja involved is a commercial quantity, this Court is not inclined to grant bail to the Petitioners.

6. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 27/07/2020 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 FOR EC CASES, SALEM.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NIB-CID, SALEM DISTRICT.

CC to M/S. M.V.V.N.SIVANTHY Advocate on payment of necessary charges CRL OP.11055/2020 Date :27/07/2020 MK:20/08/2020 https://hcservices.ecourts.gov.in/hcservices/