Madras High CourtCRL OP/18908/2021dismissed

Ashokkumar v. State Rep.By

2021-10-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18908 of 2021 ASHOKKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE STATION HOUSE OFFICE, METTUPALAYAM CIRCLE POLICE STATION, PUDUCHERY.

(CRIME NO.74 OF 2021).

For Petitioner : M/S. M.GOVINDARAJU Advocate For Respondent : MR.V.BALAMURUGANE, Additional public Prosecutor for Puduchery PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 25.06.2021 and remanded to judicial custody for the offences punishable under Sections 20(b)(ii) (B) and 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.74 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 found in illegal possession of 1.700 Kgs of Ganja and sold to the General Public and 5 kg of Ganja was recovered from this petitioner. 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. He further submitted that it is not a commercial quantity. He further submitted that the petitioner has been in jail from 25.06.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused persons were found in illegal possession of 1.700 Kgs of Ganja and sold to the General Public and 5 kg of Ganja was recovered from this petitioner. He further submits that this Court had dismissed the bail application for the petitioner in Crl.O.P.No.15819 of 2021 dated 02.09.2021. 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 the petitioner has involved in very serious offence and quantity involved in this case is of commercial quantity and this Court had dismissed the bail application for the petitioner in Crl.O.P.No.15819 of 2021 dated 02.09.2021 and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/10/2021 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 STATION HOUSE OFFICE, METTUPALAYAM CIRCLE POLICE STATION, PUDUCHEERY.

2 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET.

3 THE PUBLIC PROSECUTOR PUDUCHEERY.

CC to M/S. M.GOVINDARAJU Advocate on payment of necessary charges CRL OP.18908/2021 Date :07/10/2021 JPA 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/