Karthik v. State, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.10.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.23923 of 2024 Karthik S/o. Sudharsan ... Petitioner / Accused-4 Vs State rep. by:- The Inspector of Police, PEW Tiruvallur Police Station, Tiruvallur District.

... Respondent [Cr. No.51 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner / Accused-4 in Cr. No.51 of 2024 on the file of the respondent police. For Petitioner : Mr.A. Tamilselvan For Respondent : Mr.S. Vinoth Kumar Government Advocate [Criminal side]

ORDER

The petitioner / Accused-4, who was arrested and remanded to judicial custody on 08.02.2024 for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29(1) of the NDPS Act in Cr. No.639 of 1/5

2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 08.02.2024, based on the secret information, when the respondent police conducted a raid on the A1's house, they found the petitioner along with other accused were in illegal possession of 21 kg and 500 gms of ganja. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case, that no recovery of contraband was made from this petitioner, he is in judicial custody for the past 228 days. He is no way connected with the commission of the said offences. He has been roped in this case for statistical purpose. Hence, he prayed that the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) would submit that on 08.02.2024 at about 17.30 hours, based on the secret information, the Sub-Inspector of Police along with his team went to Tiruvallur Gandhipuram opposite to the house of accused and found that A1 to A5 were in illegal possession of 21.500 kgs of Ganja and the same 2/5

were recovered and the case was registered against the accused. The petitioner is detained under Goondas Act as he is identified as a 'drug offender'. The investigation is pending. and hence he 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, considering the grave nature of offences and considering the fact that the quantity of materials involved in this case is a commercial quantity, that this petitioner was detained as a 'drug offender', I am declined to grant bail to the petitioner at this stage.

7. Accordingly, the criminal original petition is dismissed. 21.10.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order 3/5

mjs To 1.The Principal Special Court under EC & NDPS Act, Chennai. 2.The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, PEW Tiruvallur Police Station, Tiruvallur District.

4. The Superintendent of Police, Central Prison, Puzhal, Chennai. P.DHANABAL ,J mjs 4/5

CRL.O.P. No.23923 of 2024 21.10.2024 5/5