Madras High CourtCRL OP/13937/2022dismissed

Alex v. The State Rep By

2022-06-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13937 of 2022 ALEX [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB-CID POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.29 OF 2021) For Petitioner : M/S.N.U.PRESSANNA 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 05.07.2021 at the hands of the respondent police for the offences punishable under Sections 8(c), 20 (b) (ii) (c), 25, 29(i) of NDPS Act, 1985, in Crime No.29 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner and other accused were found in possession of 48 Kgs 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 and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody on 05.07.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are totally 3 accused in which the petitioner is arrayed as A1. The first and second accused were in conscious possession of 48 Kgs of Ganga and it is a commercial quantity. Hence, he vehemently opposed grant of bail to the petitioner.

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5. Therefore, the petitioner failed to fulfill the twin conditions as contemplated under Section 37 of the NDPS Act, 1985. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/06/2022 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, NIB-CID POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.U.PRESSANNA Advocate on payment of necessary charges CRL OP.13937/2022 Date :16/06/2022 CSK 24/06/2022 https://hcservices.ecourts.gov.in/hcservices/