N.Jawar Hussain v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.09.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.22388 of 2024 N.Jawar Hussain, S/o.Noormohamed ... Petitioner Vs State rep. by:- The Inspector of Police, J-13, Taramani Police Station, Chennai District.

... Respondent [Cr.No.156 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.156 of 2024 on the file of the respondent police.

For Petitioner : Mr.N.Anbarasan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

ORDER

The petitioner/Accused, who was arrested and remanded to judicial custody on 22.07.2024 for the offences punishable under section 123 of BNS Act, 2023 r/w.Section.8(c), 22(b) of NDPS Act, 1985 in Crime No.156 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.07.2024, the respondent police conducted check up and they found the petitioner along with other accused were in illegal possession of Nitrazepam Nitravet Tablets IP 10mg and Topcynta tablets and more than 300 tablets were seized from the accused persons. Hence, the complaint.

3. The learned counsel for the petitioner would contend that this petitioner not at all connected or involved in the said offence. This petitioner has been falsely implicated in this case. This petitioner is an innocent person and he has nothing to do with the commission of alleged offences and he is ready to abide by any condition imposed by this Court. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) would submit that the respondent police found the petitioner and other accused persons were in illegal possession of Nitrazepam Nitravet Tablets and Topcynta Tablets. There are some previous cases pending as against the petitioner. This petitioner was arrested and remanded to judicial custody on 22.07.2024. However, the learned Government Advocate (Criminal Side) is strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions on either side and considering the nature offence and the quantity of contraband involved in this case is not comes under the commercial quantity and the petitioner is having some IPC cases, all those cases, he was arrested and subsequently released on bail and there is no similar kind of offence cases pending against the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate Court, Saidapet, Chennai and on further conditions that:

[b] the petitioner shall report before the Special Court for EC & NDPS Act Cases, Chennai on every working day at 10.30a.m. until further orders;

[c] the petitioner shall attend in accordance with the conditions of the bond;

[d] the petitioner shall not commit any offence similar to the offence of which he is accused; or suspected, or of the commission of which he is suspected; and [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] the petitioner shall not abscond either during investigation or trial; [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

24.09.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn 5/6

P.DHANABAL ,J gvn To 1.The XVIII Metropolitan Magistrate Court, Saidapet, Chennai.

2. The Special Court for EC & NDPS Act Cases, Chennai

3. The Inspector of Police, J-13, Taramani Police Station, Chennai District.

4. Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

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