Sheik Mohammed Madhar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sheik Mohammed Madhar ... Petitioner Vs.

State rep by:

The Inspector of Police, D3 Ice House Police Station, Chennai.

Crime No.441 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to direct enlargement of the petitioner on bail in Crime No.441 of 2022 on the file of the D3 Ice House Police Station, Chennai. For Petitioner : Mr.V.Karthick For Respondent : Mr.C.E.Pratap, Government Advocate (crl.side), 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.10.2022 for the offences punishable under Sections 8(c) 20(b) (ii) (B) of NDPS Act, 1985, in Crime No.441 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 1.500 kgs of Ganja. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has nothing to do with the alleged offence. He would submit that even as per the prosecution, the contraband recovered from the petitioner is an intermediate quantity and thereby, the rigours of Section 37 of NDPS Act will not be applicable to him. He would submit that the petitioner is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays for grant of bail to the petitioner. 2/6

4. The respondent has filed a detailed counter.

5. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioner was found to be in illegal possession of 1.500 kgs of Ganja, which is a non commercial quantity. He would further submit that the petitioner has got two previous cases, out of which, one case of similar nature pending against him. Hence, he vehemently opposed to grant bail to the petitioner.

6. In reply, learned counsel for the petitioner would submit that the previous cases pending against the petitioner are related to the year 2020 and for the past two years, the petitioner has got no case pending against him.

7. Heard both the learned counsel and perused the materials available on record including the First Information Report.

8. Taking into consideration of the fact that the contraband 3/6

recovered from the petitioner is an intermediate quantity and the rigors of Section 37 of NDPS Act will not be applicable to him and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the II Metropolitan Magistrate, Egmore, Chennai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m and 5.30 p.m until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

01.12.2022 shk 5/6

A.D.JAGADISH CHANDIRA,J.

shk To

1. The II Metropolitan Magistrate, Egmore 2.The Inspector of Police, D3 Ice House Police Station, Chennai.

3. The Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.29579 of 2022 01.12.2022 6/6