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Madras High CourtCRL OP/13936/2023dismissed

Honest Raj v. Inspector Of Police

2023-07-10Honourable Mr Justice G. Chandrasekharan3 pages

Crl.O.P.No.13936 of 2023 G.CHANDRASEKHARAN.

J.

The petitioner namely Honest Raj, who was arrested and remanded to judicial custody on 13.05.2023 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) NDPS Act in Crime No.247 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No. 247 of 2023 for the offences under Sections 8(c) r/w 20(b)(ii)(B) and 29(1) NDPS Act. Petitioner is in judicial custody from 13.05.2023. Petitioner is innocent. Thus, he prays for grant of bail.

3. The learned Government Advocate (Crl. Side) opposes this petition, on the ground that, petitioner has similar case pending against him in Crime No.718 of 2022 for the offences under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act. He further submitted that, investigation in this case is not completed. Therefore, he prays for dismissal of this bail petition.

4. Considered the submissions and perused the records.

5. It is seen from the allegations made in the first information report that,

petitioner and co-accused were found in illegal possession of 5.250 kgs of ganja, at about 7.00 a.m., on 13.05.2023 near Balamurugan Kalyanamandabam, Salem. Investigation in this case is not completed.

6. Considering the fact that, petitioner has similar case pending against him Crime No.718 of 2022 for the offences under Sections 8(c) r/w 20(b)(ii)(B) NDPS Act and that investigation in this case is not completed, this Court is not inclined to release the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed.

10.07.2023 gd G.CHANDRASEKHARAN.

J.

gd Crl.O.P.No.13936 of 2023 10.07.2023