Madras High CourtCRL OP/11400/2021dismissed

Aktar Hossain v. State Rep. By

2021-07-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11400 of 2021 1 AKTAR HOSSAIN [ PETITIONERS / ACCUSED ] 2 JAFAR ALI Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-5, PALLAVARAM POLICE STATION, CHENNAI.

IN CR.NO.137 OF 2021 For Petitioner : M/S.S.PALANIVEL 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 petitioners who were arrested on 15.04.2021 and remanded to judicial custody for the alleged offence under Sections 8(c), 20(b) (ii)(C) and 29(1) of NDPS Act in Cr.No.137 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 15.04.2021, based on the secret information, the respondent police went to the scene of occurrence, the petitioners were found in possession of 21 kgs of Ganja and the same was seized. Hence this complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and prays for grant of bail to the petitioners.

4. The learned Government Advocate submitted that the petitioners were found in possession of 21.500 Kgs. of Ganja and the petitioners' are native of Tiripura. If the petitioners are released on bail, they may abscond. Hence, he vehemently opposed to grant bail to the petitioners.

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5. Considering the fact that the petitioners were found in possession of 21.500 Kgs. of Ganja, which is commercial quantity, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this criminal original petition is dismissed. -sd/- 07/07/2021 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 THE INSPECTOR OF POLICE, S-5, PALLAVARAM POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.PALANIVEL Advocate on payment of necessary charges CRL OP.11400/2021 Date :07/07/2021 INBA 19/07/2021 https://hcservices.ecourts.gov.in/hcservices/