Madras High CourtCRL OP/12316/2022dismissed

N.Jahir Hossain v. Inspector Of Police

2022-06-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12316 of 2022 N.JAHIR HOSSAIN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE CHEMMANCHERY POLICE STATION, CHENNAI.

(CRIME NO.856 OF 2021) For Petitioner : M/S.V.RAMANAREDDY 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 15.11.2021 at the hands of the respondent police for the offences punishable under Sections 8 (c), 20 (b) (ii) (C), 29(1) and 25 of NDPS Act, 1985 in Crime No.856 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner and other accused were found in possession of 1000 grams of Ganja illegally. Hence, a case was registered as against the petitioner.

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

4.The learned Additional Public Prosecutor submitted that there are totally 3 accused in which the petitioner is arrayed as A2. He along with other accused persons were found in possession of 1000 https://hcservices.ecourts.gov.in/hcservices/

grams of Ganja and it is a commercial quantity. Therefore, the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985. Hence, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/06/2022 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 CHEMMANCHERY POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.V.RAMANAREDDY Advocate on payment of necessary charges SR.No.8655 CRL OP.12316/2022 Date :08/06/2022 CSK 15/06/2022 https://hcservices.ecourts.gov.in/hcservices/