Balaji v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Second day of August Two Thousand Twenty One PRESENT The Hon'ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13345 of 2021 BALAJI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-2, ROYAPETTAH POLICE STATION, CHENNAI.

(CRIME NO.1616/2020) For Petitioner : M/S MOHAMMED AASIF 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 06.10.2020 and remanded to judicial custody for the alleged offence under Sections 8(c), r/w. 20 (b)(ii)(B), 25 and 29(1) of NDPS Act in Cr.No.1616 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with the other accused are alleged to have been found in possession of 148Kgs. of Ganja.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the co-accused has already been granted bail by this Court in Crl.O.P.No.7510 of 2021 on 30.04.2021.

4.The learned Government Advocate would submit that out of the 148 Kgs. of Ganja, 95 Kgs. were seized from this petitioner alone and further submitted that there is one previous case as against the petitioner.

5.This Court perused the order dated 30.04.2021 made in Crl.O.P.No.7510 of 2021. The petitioner in the said petition was enlarged on bail since nothing was seized from him and he was only present at the scene of occurrence, however, in this case, 95 Kgs. of Ganja, which is a commercial quantity, were seized from this https://hcservices.ecourts.gov.in/hcservices/

petitioner alone and there is also one previous case as against the petitioner. Hence, this Court is not inclined to grant bail to the petitioner.

6.This criminal original petition is accordingly dismissed. -sd/- 02/08/2021 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, E-2, ROYAPETTAH POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S MOHAMMED AASIF Advocate on payment of necessary charges CRL OP.13345/2021 Date :02/08/2021 INBA 09/08/2021 https://hcservices.ecourts.gov.in/hcservices/