Madras High CourtCRL OP/18017/2021dismissed

Arun v. State Rep By

2021-09-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18017 of 2021 IN C.C.NO.144 OF 2020 (ON THE FILE OF THE SPECIAL JUDGE, SPECIAL COURT FOR EC & NDPS ACT, CHENNAI) ARUN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB, CID, CHENNAI (CRIME NO.28/2020) For Petitioner : M/S.J.WILLIAM SHAKESPHERE 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 and remanded to judicial custody on 09.06.2020 for the offences under Section 8(c) r/w 20(b)(ii)(c), 25, 27A, 29(1) of NDPS Act 1985 in Crime No.28 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent police was on regular checkup they found that the total quantity of 33 kgs of ganja was seized from 9 persons, out of which, A1, A2 and A4/petitioner were in illegal possession of 22 kgs of ganja. Therefore, the petitioner/A4 was arrested and remanded to judicial custody.

3. The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner is in jail from 09.06.2020. He further submits that the petitioner has no knowledge about the materials possessed by the other accused who travelled in his auto and other accused had hired his auto and without any knowledge of the transportation of narcotic drugs, he has driven the auto. He further submits that the co-accused were already enlarged on bail. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the huge quantity of ganja had been involved in this case. He further submits that the petitioner's earlier bail petition was dismissed by the Principal Special Court Under EC and NDPS Act, Chennai on 13.09.2021 in Crl.MP.No.1789 of 2021. Hence he vehemently opposed for grant of bail to the petitioner.

5. Considering the submissions made by both counsel and also the fact the huge quantity of ganja had been involved in this case and the petitioner's earlier bail petition was dismissed by the lower Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/09/2021 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 JUDGE, SPECIAL COURT FOR EC & NDPS ACT, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NIB, CID, CHENNAI.

CC to M/S.J.WILLIAM SHAKESPHERE Advocate on payment of necessary charges CRL OP.18017/2021 Date :28/09/2021 RW 12/10/2021