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Madras High CourtCRL OP/15045/2022granted

Mohammed Sadiq Basha @ Sadiq Basha v. Intelligence Officer

2022-06-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.15045 of 2022 Mohammed Sadiq Basha @ Sadiq Basha ..Petitioner Vs.

The Intelligence Officer, Narcotics Control Bureau, Central Zonal Unit, Chennai.

..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on interim bail for 7 days from 28.06.2022 to 04.07.2022 in C.C.No. 88 of 2018 on the file of the I Additional Special Judge, Special Court under EC & NDPS Act, Chennai.

For Petitioner : Mr.G. Murugendran For Respondent : Mr.N.P.Kumar Special Public Prosecutor for NCB

ORDER

This petition has been filed for interim bail for 7 days from 28.06.2022 to 04.07.2022 on the ground that the marriage of the petitioner's daughter will be solemnized on 01.07.2022.

2. The case of the prosecution is that on the basis of information on 22.03.2018, the respondent went to the spot at Rohini Theater Bus Stop, Koyambedu, Chennai. The petitioner came to the spot carrying the Contraband viz., the Kitamine weighing about 14.650 kg and thereafter other two persons came to the spot, when the respondent were approaching them, the petitioner ran away from the spot. Thereafter, the respondent arrested the petitioner and other accused persons and recorded the statement. On the ground that the petitioner was in possession of Contraband, which was more than the commercial quantity, the earlier bail petition filed by the petitioner was dismissed by this Court.

3. The learned counsel for the petitioner produced the invitation of the marriage of the petitioner's daughter to be solemnized on 01.07.2022 at No.120/44, Nethaji Nagar, 4th Street, Tondiarpet, Chennai - 600 081. The petitioner, being the father, his presence is very much required on his daughter's marriage.

4. The learned Special Public Prosecutor would submit that yesterday only the regular bail petition was dismissed by this Court and the petitioner failed to mention about the petition before this Court.

5. Considering the facts and circumstances of the case, this Court is inclined to grant interim bail to the petitioner for three

(3) days from 30.06.2022 to 02.07.2022 on condition that (i) The Superintendent, Central Prison, Puzhal, Chennai, is directed to release the petitioner on interim bail on his own bond for a period of three days i.e., on 30.06.2022 to 02.07.2022 and it is made clear that the respondent shall provide two escorts to the petitioner till his surrender before the Superintendent, Central Prison, Puzhal, Chennai.

(ii) The petitioner shall surrender before the Superintendent, Central Prison, Puzhal, Chennai, on or before 03.07.2022. -sd/- 29/06/2022 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 I ADDITIONAL SPECIAL JUDGE SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI.

2 THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI.

4 THE SPECIAL PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S G.MURUGENDRAN Advocate on payment of necessary charges SR.No.10306 CRL OP.15045/2022 Date :29/06/2022 CSK 29/06/2022