V.Anandu Krishnan v. Union Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15446 of 2021 V.ANANDU KRISHNAN [ PETITIONER / ACCUSED ] Vs UNION OF INDIA REP BY [ RESPONDENT ] THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT, SURVEY NO.49, PLOT NO. FD2, 2ND MAIN ROAD, 3rd AVENUE, AYAPAKKAM, CHENNAI-600 077 R.R.NO.9 OF 2020 (NCB F.NO.48/1/04/2020-NCB/MDS) For Petitioner : M/S. A.K.GOPALA Advocate For Respondent : M/S.N.P.KUMAR, SPECIAL PUBLIC PROSECUTOR FOR NCB CASES.

PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 17.03.2021 and remanded to judicial custody for the offences under Section 8(c) r/w 22(b),25, and 29 of the NDPS Act in R.R.No.9 of 2020(NCB F.No.48/1/04/2020NCB/MDS) on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the information received by NCB, Chennai, 30 grams of Methemphetamine came to be seized at M/s Aramex India Pvt. Ekkaduthangal on 22.02.2020 which was booked in the name of the petitioner. Hence, the law enforcing registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the alleged drugs was not in possession of the petitioner and further the respondent police did not conduct drug test at the time of seizing the alleged drug. He further submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 17.03.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that as per the notification S.O.1055(E) dated 1910.2021 in serial no.159 the small quantity of Methamphetamine is 2 grams and the commercial quantity is 50 grams. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the quantity of contra band involved is of commercial quantity , this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/09/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

2 THE SPECIAL PUBLIC PROSECUTOR FOR NDPS ACT CASES, HIGH COURT, MADRAS.

3 UNION OF INDIA REP BY THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT, SURVEY NO.49, PLOT NO. FD2, 2ND MAIN ROAD, 3RD AVENUE, AYAPAKKAM, CHENNAI-600 077.

THE SPECIAL JUDGE, I ADDITIONAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER NDPS ACT, CHENNAI.

CC to M/S. A.K.GOPALA Advocate on payment of necessary charges SR.NO.9361 CRL OP.15446/2021 Date :01/09/2021 RW 20/09/2021