G.Veerakumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22635 of 2021 G.VEERAKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM.

CRIME NO.623 OF 2021.

For Petitioner : M/S. K.M.SUBRAMANIAN Advocate For Respondent : MR.S.BALAJI, 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 01.08.2021 for the punishable offences under Section 8(c) r/w 20 (b)(ii)(c), 25 & 26 of the NDPS Act, 1985 in Crime No.623 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 transportation of 90 kgs of ganja by using Innova car. Hence, this complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case based on the false confession made by other accused person. He further submitted that no recovery was made from the petitioner and the petitioner is in jail from 01.08.2021. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate submits that petitioner along with other accused persons were involved in illegal transportation of 90 kgs of ganja which is a commercial quantity. He further submitted that the petitioner had filed a bail application before the Hon'ble Additional District Judge, Special Court under Essential Commodities Act, Thanjavur in Crl.M.P.No.628 of 2021 and the same was dismissed. Thereafter, the petitioner filed a bail petition before this Court in Crl.O.P.No.19363 of 2021 and the same was also dismissed on 20.10.2021. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and the fact that the seized quantity is a commercial quantity and in view of the bar under section 37 of the NDPS Act and further since 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/- 29/11/2021 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 INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. K.M.SUBRAMANIAN Advocate on payment of necessary charges CRL OP.22635/2021 Date :29/11/2021 JPA 15/02/2022 https://hcservices.ecourts.gov.in/hcservices/