Madras High CourtCRL OP/10920/2022dismissed

Vengkatapathiraju v. State Rep By

2022-05-12Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A. NAKKIRAN CRIMINAL ORIGINAL PETITION No.10920 of 2022 VENGKATAPATHIRAJU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-16 PALLIKARANAI POLICE STATION, ST.THOMAS MOUNT, CHENNAI (CRIME NO.194/2022) For Petitioner : M/S A.AKASH Advocate For Respondent : M/S.L.BASKARAN, Government Advocate (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein who was arrested and remanded to judicial custody on 21.02.2022 for the offence under sections 8(c) r/w 20(b) (ii)(c) and 25 of NDPS Act in Crime No.194 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner found in possession of 40 kgs of Ganja. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he is no way connected with the alleged offence. He would also submit that the petitioner has been suffering incarceration from 21.02.2022. Hence, he would pray for grant of bail to the petitioner.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent strongly opposed the grant of bail to the petitioner stating that the petitioner was found in possession of 40 Kgs of Ganja and the contraband involved is commercial quantity which attracts Section 37 of NDPS Act. He would also submit that the petitioner is a native of Telugana.

5. Considering the facts and circumstances of the case and the contraband involved is commercial quantity which attracts Section 37 of NDPS Act and the gravity of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 12/05/2022 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE, S-16 PALLIKARANAI POLICE STATION, ST.THOMAS MOUNT DISTRICT, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S A.AKASH Advocate on payment of necessary charges CRL OP.10920/2022 Date :12/05/2022 RW 17/05/2022 https://hcservices.ecourts.gov.in/hcservices/