Nagaraj@Bampu Nagaraj v. The State Of Tamil Nadu, Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10010 of 2021 NAGARAJ@BAMPU NAGARAJ [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU, REP .BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI.
CRIME NO.4616/2020 For Petitioner : M/S.R.DEEPAK 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 apprehends arrest at the hands of the respondent police for the alleged offence under Sections 8(c), 20(b) (ii)(C) of NDPS Act in Cr.No.4616 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 18.07.2020 at about 9.45 hours, based on the secret information, the respondent police went to the scene of occurrence, the petitioner along with other accused were found in the possession of 25 kgs of Ganja and the same was seized. Hence this complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Infact, the contraband was seized from A1 and not from A3. Hence, Section 37 is not applicable to the petitioner and prays for grant of bail to the petitioner.
4.The learned Government Advocate submitted that all the three persons including the petitioner were sitting in the Auto. While sitting in the auto, contraband was recovered. Apart from this case, https://hcservices.ecourts.gov.in/hcservices/
three cases are pending against the petitioner. Insofar as this case, investigation has been filed and charge sheet has also been filed in CC.No.38 of 2021.
5.Considering the fact that there are three previous cases pending against the petitioner and the petitioner was found in possession of 25 Kgs. of Ganja, which is commercial quantity, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 18/06/2021 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, H-1, WASHERMENPET POLICE STATION, CHENNAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.DEEPAK Advocate on payment of necessary charges CRL OP.10010/2021 Date :18/06/2021 INBA 16/07/2021 https://hcservices.ecourts.gov.in/hcservices/