Sudharsan Puhan v. The State Rep By Its,

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.13895 of 2022 SUDHARSAN PUHAN [PETITIONER] Vs STATE REP BY [RESPONDENT] INSPECTOR OF POLICE SULTHANPETTAI POLICE STAION, COIMBATORE DISTRICT.

(CRIME NO.94/2022) For Petitioner : M/S.T.MURUGANANTHAM 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 15.03.2022 at the hands of the respondent police for the offences punishable under Section 8 (c) r/w 20 (b) (ii) (c), 25 and 29 (1) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.94 of 2022, seeks bail.

2.The case of the prosecution is that on 14.03.2022 at about 14.00 hours, based on a secret information, when the respondent searched the house of the accused, they were found in illegal possession of 3 bags of Ganja weighing 70 Kg and subsequently seized the same. Hence, the complaint was registered as against the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner was standing outside his house and the police made search inside the house. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor would submit that there are totally 2 accused in which the petitioner is arrayed as A2 and he was in possession of 70 Kgs of Ganja and it is commercial quantity. Hence, he vehemently opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances of the case and the submissions of the learned counsels, and the grounds raised by the petitioner can be taken only before the trial Court during the trial and the petitioner failed to fulfil the twin conditions contemplated under Section 37 of the NDPS Act, 1985, this Court is not inclined to grant bail to the petitioner. 6.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 SULTHANPETTAI POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.13895/2022 Date :16/06/2022 CSK 27/06/2022 https://hcservices.ecourts.gov.in/hcservices/