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Madras High CourtCRL OP/21875/2021dismissed

Jangatti Venkateswaralu v. Union Of India Through

2021-11-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.21875 of 2021 IN C.C.NO.170 of 2021 (On the file of the I-Additional Special Judge for NDPS Act Cases at Chennai) 1 JANGATTI VENKATESWARALU [ PETITIONERS / ACCUSED ] 2 MALE PRADEEP NAIK, Vs UNION OF INDIA THROUGH INTELLIGENCE OFFICER, [ RESPONDENT ] NARCOTICS CONTROL BUREAU, CHENNAI ZONAL UNIT, CHENNAI.

R.R.NO.57 OF 2020 IN NCB F.NO.48/1/13/2020-NCB/MDS For Petitioner : M/S.S.N.ARUNKUMAR Advocate For Respondent : MR.S.SUGENDRAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 12.11.2020 and remanded to judicial custody for the offences punishable under Sections 8(c) r/w Section 20(b)(ii)(c), 28 & 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 in N.C.B.F.No.48/1/1312020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that petitioner along with other accused person were found to be in possession of 288 Kgs of Ganja. 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. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that petitioner along with other accused person were found to be in possession of 288 Kgs of Ganja. He further submits that earlier, this Court had dismissed the bail petition in Crl.O.P.No.6603 of 2021 on 19.04.2021 filed by the petitioner and this is the second bail petition filed by him. Hence, he vehemently opposed for grant of bail to the petitioner.

5.

Considering the gravity of offence committed by the petitioner that possession of 288 Kgs of Ganja which is of commercial quantity and considering the earlier bail petition dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner however, this Court directs the petitioner to complete the trial proceedings as expeditiously as possible.

6.Accordingly, this criminal original petition is dismissed. -sd/- 19/11/2021 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 I ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES AT CHENNAI.

2 UNION OF INDIA THROUGH INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU, CHENNAI ZONAL UNIT, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO.13111 CRL OP.21875/2021 Date :19/11/2021 JPA 29/11/2021