Madras High CourtCRL OP/13229/2021dismissed

Muthu Mohammed v. State Rep.By

2021-07-30Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirtieth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13229 of 2021 MUTHU MOHAMMED [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D4 KUNIYAMUTHUR POLICE STATION, COIMBATORE.

CRIME NO.432/2021 For Petitioner : M/S.A.NOWFAL 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 petitioner who was arrested on 03.07.2021 and remanded to judicial custody for the offences punishable under Sections 8(C) r/w 22(b) of NDPS Act, 1985 in Crime No.432 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused persons were unlawfully found to be in possession of 53 Nos of Nitrazepam tablets IP Nitrosun-10. Hence, the complaint, 3.The learned counsel appearing 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 and prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused persons were unlawfully found to be in possession of 53 Nos of Nitrazepam tablets IP Nitrosun10. He further submits that there is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that there is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

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6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 30/07/2021 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 1 THE INSPECTOR OF POLICE, D4 KUNIYAMUTHUR POLICE STATION, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.NOWFAL Advocate on payment of necessary charges CRL OP.13229/2021 Date :30/07/2021 INBA 19/08/2021 https://hcservices.ecourts.gov.in/hcservices/