Madras High CourtCRL OP/19364/2021dismissed

Fathima v. State Rep By

2021-10-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19364 of 2021 FATHIMA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT] THE INSPECTOR OF POLICE, P-6, KODUNGAIYUR POLICE STATION, CHENNAI 600118.

CRIME.NO.323 OF 2021.

For Petitioner : M/S A.THIRUMARAN 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 20.03.2021 for the punishable offences under Section 8(c) r/w 22(c), 20(b) (ii) (B) of the NDPS Act in Crime No.323 of 2021 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 petitioner and another were in illegal possession of 1 kgs of Methamphetamine each and also recovered 2kgs of ganja from A1.

3. The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and they have been falsely implicated in this case and the petitioner is in jail from 20.03.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the petitioner was in illegal possession of 1kg of Methamphotamine and the quantity involved in this case is a commercial quantity. He further submits that the petitioner's earlier bail petition was dismissed by the Principal Special Judge, Principal Special Court Under Essential Commodities Act, Chennai on 19.07.2021 in https://hcservices.ecourts.gov.in/hcservices/

Crl.MP.No.1571 of 2021. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the submissions made by both counsel and also considering the fact that the quantity involved in this case is a commercial quantity and in view of the bar under Section 37 of NDPS Act for grant of bail, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/10/2021 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 INSPECTOR OF POLICE, P-6, KODUNGAIYUR POLICE STATION, CHENNAI 600118.

2 THE SUPERINTENDENT, PUZHAL PRISON, CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S A.THIRUMARAN Advocate on payment of necessary charges CRL OP.19364/2021 Date :20/10/2021 INBA-28/10/2021 https://hcservices.ecourts.gov.in/hcservices/