Arun v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.24360 of 2021 ARUN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NIB, CID, CHENNAI (CRIME NO.28 OF 2020) For Petitioner : M/S.J.WILLIAMS SHAKESPARE 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 09.06.2020 for the alleged offences under Section 8(c), 20(b)(ii) (C), 25, 27A, 29(1) of NDPS Act, 1985 in C.C.No.144 of 2021 on the file of the Special Judge, NDPS Court, Chennai in Crime No.28 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused persons found in illegal possession of 33 Kgs of Ganja. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has no knowledge about the materials possessed by other accused persons who travelled in his auto. He further submitted that the co accused were already enlarged on bail Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) submitted that this is the second bail application filed by the petitioner and this Court has already dismissed the earlier bail application of the petitioner. He further submitted that the seized quantity is a commercial quantity. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the submissions made by both counsel and since the seized quantity is a commercial quantity and also there is no change of circumstances pointed out, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 14/12/2021 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, NIB, CID, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.WILLIAMS SHAKESPARE Advocate on payment of necessary charges CRL OP.24360/2021 Date :14/12/2021 JPA 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/