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Madras High CourtCRL OP/20878/2023dismissed

Parvez Hussain v. The State Rep By Its,

2023-09-29Honourable Mr Justice Rmt. Teekaa Raman4 pages

Orders Reserved on 27.09.2023 Orders Pronounced on RMT. TEEKAA RAMAN., J.

The petitioner who is arrayed as A.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 8(c), 20(b) (ii) (B), 21 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered in Crime No.56 of 2023, seeks anticipatory bail.

2. The FIR is registered at the instance of the Sub-Inspector of Police attached to respondent police station. The case of the prosecution is that while the respondent police were conducting vehicle inspection at around 9. 30 p.m. Two persons were coming in a two wheeler from Puliyanthope towards Perimet. On seeing the police, the person who was seated in the pillion seat got off from the two wheeler and ran away and the rider of the motor cycle/Muthukumaran/A.1 was caught. On search, a polythene bag said to be hanging on the handle of the vehicle was found 1/4

containing ganja of about 1 kg. and three small polythene covers containing methamphetamine, accompanying the ganja were seized.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that except for that he is a pillion rider in the said two wheeler, he has nothing to do with the offence alleged in the crime number.

4. The learned Government Advocate (crl.side), based upon the instruction would contend that the petitioner has actively involved in the offence and the contraband seized is 1.100 gms of ganja and three small covers containing methamphetamine tablet were seized; that the matter is under investigation and that the confession statement of A.1 who was redhanded discloses the involvement of the petitioner in the offence.

5. Heard the learned counsel for the petitioner as well as the Government Advocate (crl.side) and perused the records. 2/4

6. Considering the nature and gravity of the offence and the stage of investigation, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. rgr 3/4

RMT. TEEKAA RAMAN.,J.

rgr Order in 4/4