Paneer @ Pannerselvam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.14221 of 2022 PANEER @ PANNERSELVAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, P1, PULIYANTHOPE POLICE STATION, CHENNAI.

CRIME NO.1169 OF 2020 For Petitioner : M/S.K.LIVINGSTON Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A5, was arrested and remanded into judicial custody on 03.10.2020 at the hands of the respondent police for the offence punishable under Sections 8(c) r/w 20(b)(II) (B)(C), 25, 29(1) of NDPS Act in Crime No.1169 of 2020 on the file of the respondent police, seeks bail.

2.The petitioner is one among the five accused been prosecuted for possession of 25 kgs of ganja has revived his bail petition again on the ground that the two of the accused already granted bail by this Court and the parity may be shown to the petitioner. However, on considering the facts of the case, this Court has observed that though from the physical possession of the petitioner, 1.5 kgs of ganja was recovered. The case of the prosecution is that the accused 1 to 5 conspired to procure possession transported 25 kgs of ganja and therefore, in a case of conspiracy the constructive possession also on the petitioner and therefore, he is not entitled for bail in view of Section 37 of the NDPS Act. Since the contraband seized exists falls under the commercial quantity, this Court has no different view even though the other two accused granted bail. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Crl.Side) submitted that the matter is ripe for trial .

4.Taking note of the above fact, while dismissing the bail petition, the trial Court is directed to expedite the proceeding and complete the trial as early as possible, taking note of the fact that the accused is in prison and his liberty cannot be curtailed by delaying the trial.

5.As a result, this Criminal Original Petition is dismissed. -sd/- 21/06/2022 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, P1, PULIYANTHOPE POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, PUZHAL JAIL, CHENNAI THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.SAMANTA AND STON Advocate on payment of necessary charges SR.NO.9676 CRL OP.14221/2022 Date :21/06/2022 JPA 27/06/2022 https://hcservices.ecourts.gov.in/hcservices/