Madras High CourtCRL OP/10085/2021dismissed

Francis v. The Inspector Of Police

2021-06-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10085 of 2021 FRANCIS [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] E-2 ROYAPETTAH POLICE STATION, CHENNAI For Petitioner : M/S.MAMTA PANDEY 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 was arrested on 15.10.2020 and remanded to judicial custody for the offences publishable under Sections 8(c) read with section 20(b)(ii)(c), 25, 29(1) of NDPS Act in Crime No.1616 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners along with A1 were found in possession of 23 Kg. of Ganja. On the basis of confession given by the petitioner, A3, A4 and A5 who were found in possession of 30, 40, 25 Kgs. of Ganja respectively and the same was recovered and all the accused persons were arrested and remanded to judicial custody by the respondent police and registered a case against them.

3. The learned Counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. The learned counsel further submitted that coaccused (A3) has been arrested and enlarged on bail. Hence, he prays for grant bail to the petitioners.

4.The learned Government Advocate submitted that the respondent police has recovered 22.900 Kgs. of Ganja from A1 and A2, which is commercial quantity. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the gravity of the offence and that the respondent police seized the contraband from the petitioner, which is commercial in quantity, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/06/2021 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 E-2 ROYAPETTAH POLICE STATION, CHENNAI 2 THE SUPERINTENDENT CENTRAL PRISON 2, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.MAMTA PANDEY Advocate on payment of necessary charges CRL OP.10085/2021 Date :28/06/2021 JPA 22/07/2021 https://hcservices.ecourts.gov.in/hcservices/