Madras High CourtCRL OP/8733/2021dismissed

Mofidul Islam v. State Rep 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.8733 of 2021 1.Mofidul Islam 2.Lal Bahadur 3.Nur Islam ... Petitioners Vs.

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

(Crime No.32 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.32 of 2020 on the file of the Inspector of Police, NIB CID, Chennai District.

For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.Charles Premkumar Government Advocate (Crl. side)

ORDER

The petitioners who were arrested on 07.11.2020 and remanded to judicial custody for the offences under Sections 8(c) r/w 20 (b) (ii) (c) and 29(1) of NDPS Act, 1985 in Cr.No.32 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were found in possession of 12 kgs of Ganja. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 07.11.2020. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) vehemently opposed the grant of bail by stating that the petitioner was in possession of 12 Kgs of Ganja, which is a commercial quantity. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the commercial quantity of Ganja, this Court is of the view that it is not a fit case for grant of bail to the petitioners. Therefore, 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 TH SPECIAL JUDGE II, ADDITIONAL SPECIAL COURT FOR EXCLUSIVELY TRIAL OF CASES UNDER NDPS ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, NIB CID, CHENNAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.ARIVAZHAGAN Advocate on payment of necessary charges CRL OP.8733/2021 Date :26/05/2021 MK:05/07/2021 https://hcservices.ecourts.gov.in/hcservices/