Alaguraja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11963 of 2022 ALAGURAJA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G-5 SECRETARIAT COLONY POLICE STATION, KILPAUK, CHENNAI.

CRIME NO.73 OF 2022.

For Petitioner : M/S.K.MANIKANDAN 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 17.03.2022 at the hands of the respondent police for the offences punishable under Sections 8(c) r/w 20 (b) (ii) (B) and 28 of NDPS Act, in Crime No.73 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent Police and their team went on secret search, they found that the petitioner along with other accused were selling 10 Kgs of Hahish Oil and 1.250 gm 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.

4. The learned Additional Public Prosecutor would submit that there are totally 2 accused in which the petitioner is arrayed as A2. He further submitted that both the accused were jointly possessed the https://hcservices.ecourts.gov.in/hcservices/

contraband and it is commercial quantity. 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/- 07/06/2022 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 INSPECTOR OF POLICE, G-5 SECRETARIAT COLONY POLICE STATION, KILPAUK, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.K.MANIKANDAN Advocate on payment of necessary charges CRL OP.11963/2022 Date :07/06/2022 TA-23/06/2022 https://hcservices.ecourts.gov.in/hcservices/