Madras High CourtCRL OP/12423/2021dismissed

Ranjith @ Prakash v. State Rep By

2021-07-19Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12423 of 2021 RANJITH @ PRAKASH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D-5 MARINA POLICE STATION, CHENNAI.

CRIME NO.683 OF 2020.

For Petitioner : M/S.M.S.CHARLES Advocate For Respondent : MR. 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 on 05.09.2020 and remanded to judicial custody for the alleged offences punishable under Sections 8 (c) read with 20(b)(ii)(c) and 25 of NDPS Act 1985 in Crime No.683 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 05.09.2020, the petitioner was illegally found in possession of 13.900 kgs. of Kanja. Thereby, the respondent police registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence and the petitioner has been falsely implicated in this case. Section 50 was not followed by the respondent police, while conducting search on the petitioner. The search has to be made on the accused only before the gazetted officer or learned Magistrate. Hence he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the petitioner is arrayed as A3 and this is the third bail application of the petitioner and the respondent police has recovered 21 Kgs. of Ganja from this petitioner and 14 Kgs. of Ganja recovered from A1. A1 was released on bail by the lower Court in https://hcservices.ecourts.gov.in/hcservices/

Crl.MP.No.20793 of 2021 dated 25.01.2021. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstance of this case and the fact that the petitioner along with other accused were found in possession of contraband which is a commercial quantity. Therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/07/2021 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, D-5 MARINA POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.S.CHARLES Advocate on payment of necessary charges CRL OP.12423/2021 Date :19/07/2021 APN 03/08/2021 https://hcservices.ecourts.gov.in/hcservices/