Vengatapathi Raju v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14262 of 2022 VENGATAPATHI RAJU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, S-16, PALLIKARANAI POLICE STATION, CHENNAI (CRIME NO.194 OF 2022) For Petitioner : M/S V.BHAGYARAJ 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 21.02.2022 at the hands of the respondent police for the alleged offences punishable under Sections 8 (c) r/w 20 (b) (ii) (c) and 25 of NDPS Act, 1985 in Crime No.194 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 40 Kgs of Ganja illegally. Hence, a case was registered as against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody on 21.02.2022. Hence, he prays for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the petitioner was found in illegal possession of 40 kgs of Ganja, which is of the commercial quantity. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration of the above facts and circumstances of the case and the petitioner was also in possession of the contraband and the twin conditions as contemplated under Section 37 of the NDPS Act are not satisfied before this Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/06/2022 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, S-16, PALLIKARANAI POLICE STATION, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON-II, PUZHAL, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S V.BHAGYARAJ Advocate on payment of necessary charges CRL OP.14262/2022 Date :24/06/2022 JPA 04/07/2022 https://hcservices.ecourts.gov.in/hcservices/