Korra Beemeswarao v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.21309 of 2024 Korra Beemeswarao, S/o.Narasinga Rao ... Petitioner Vs State rep. by:- The Inspector of Police, PEW Guduvancherry Unit, Tambaram.

... Respondent [Cr.No.34 of 2024] PRAYER: - Criminal Original Petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.34 of 2024 on the file of the respondent police.

For Petitioner : Mr.P.Sundara Rajan For Respondent : Mr. S.Vinoth Kumar Government Advocate (Crl.Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.02.2024 for the offences punishable under sections 8(c) r/w.20(b)(ii)(C) and 29(1) of NDPS Act, 1985 in Crime No.34 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had purchased 30 Kgs. of ganja from Andhra Pradesh and the same was sold by the accused persons for their personal gain. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is in judicial custody from 01.02.2024. However, the petitioner is ready to abide by any stringent conditions may be imposed by this Court. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) would submit that the petitioner along with other accused persons had purchased 30 Kgs. of ganja from Andhra Pradesh and the same was sold by the accused persons for their personal gain. The quantity of contraband involved in this case is commercial quantity. Already, this petitioner filed bail application before this Court, this Court had dismissed the said bail application. In this case, investigation not yet completed, there is no change in circumstances. Hence, he opposed to grant bail to the petitioner.

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Heard both side counsels and perused the materials available on record.

6. Considering the representation made on either side and considering the fact that the quantity of material involved in this case comes under the commercial quantity and also considering that already, this petitioner filed an bail application before this Court, this Court had dismissed the said bail application and in this case, investigation not yet completed and there is no change in circumstances. Hence, this Court is not inclined to grant bail to the petitioner at this stage. 3/5

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Accordingly, this Criminal Original Petition is dismissed. 02.09.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn 4/5

P.DHANABAL ,J, gvn Crl.OP.No.21309 of 2024 02.09.2024 5/5