Jalaudeen v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11852 of 2022 IN C.C.NO.134/2021 (On the file of II Additional Special Court for Exclusive Trial Cases for NDPS Act, Chennai) JALALUDEEN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H5, NEW WAHERMENPET POLICE STATION, CHENNAI-600 081.

(CR.NO.4482/2020) For Petitioner : M/S.G.V.SRIDHARAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 18.12.2020 at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20 (b) (ii) (C), 25 and 29(1) of NDPS Act, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on secret search by the respondent police, the petitioner and other accused were in possession of 22kgs of Ganja. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. Hence, he sought for bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that there are totally 2 accused in which the petitioner is arrayed as A1. He further submitted that the petitioner along with other accused were in possession of 22Kgs of Ganja. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration of the above facts and circumstances of the case and the petitioner was also in possession of the contraband and the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court, this Court is not inclined to grant bail to the petitioner. 6.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/06/2022 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 II ADDITIONAL SPECIAL COURT FOR EXCLUSIVE TRIAL CASES FOR NDPS ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, H5, NEW WAHERMENPET POLICE STATION, CHENNAI-600 081.

3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.V.SRIDHARAN Advocate on payment of necessary charges CRL OP.11852/2022 Date :13/06/2022 CSK 22/06/2022 https://hcservices.ecourts.gov.in/hcservices/