Selva Kumar v. The State Rep.By

Crl. O.P. No.21234 / of 2024 P. DHANABAL.J., The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offence punishable under Sections 8(C), 20(b)(ii)(C), 29(1) and 25 of NDPS Act in connection with the Cr. No.22 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that based on the secret information, on 30.01.2024, at 1.30 p.m., near Madipakkam Kaiveli Canal, three accused persons, who were coming in Maruthi Swift Car bearing registration no.TN22-DH-1457, were caught red handed by the respondent police for the illegal possession of 101 kgs of Ganja in four bags. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioners under Sections 8(C), 20(b)(ii)(C), 29(1) and 25 of NDPS Act, that this petitioner is arrayed as A4, that he is the only bread winner of his family, that the petitioner has not involved in any offence as alleged by the respondent police, that he is an innocent and hence, he prayed to grant anticipatory

bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that 101 kgs of Ganja is involved in this case, totally 6 accused are involved and three among them were arrested, that the vehicles namely Maruthi Swift bearing Registration No.TN22-DH-1457 and Baleno bearing Registration No.TN10-AV-7826, used for commission of offences along with knife, were seized, that investigation is not yet completed and the petitioner is having 5 other previous cases and hence strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the gravity of offences and considering the fact that the petitioner is having 5 other previous cases and investigation is not yet completed, I am declined to grant anticipatory bail to the petitioner at this stage.

7. Accordingly, the criminal original petition is dismissed. 27.09.2024

mjs To 1.The Principal Special Judge for EC and NDPS Act cases, Chennai.

2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, S7 Madipakkam Police Station, Chennai. P.DHANABAL,J mjs

CRL O.P. No.21234 of 2024 27.09.2024