Sultan Allawudeen v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.11.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.27016 of 2024 Sultan Allawudeen ... Petitioner / Accused-7 Vs State rep. by:- The Inspector of Police, H-1 Washermenpet Police Station, Chennai.

... Respondent [Cr. No.288 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 in Cr. No.288 of 2024 on the file of the respondent police.

For Petitioner : Mr. P. Muthamizhselvakumar For Respondent : Mr.S. Balaji Government Advocate [Criminal side]

ORDER

The petitioner / Accused, who was arrested and remanded to judicial custody on 23.06.2024 for the offences punishable under Sections 8(c) r/w 22(b) of NDPS Act @ Sections 22(c), 20(b)(ii)(A) and 1/5

27(A) of NDPS Act in Cr. No.288 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, the respondent police along with team went to the scene of occurrence i.e, near Moolakothalam Sudukaadu, Volley Ball Ground and found the accused in possession of 8 grams of Methaphetamine. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case, that he was arrested and remanded to judicial custody on 23.06.2024 for the offences punishable under Sections 8(c) r/w 22(b) of NDPS Act @ Sections 8(c) r/w 22(c), 20(b)(ii)(A) and 27(A) of NDPS Act and the petitioner is an innocent and he is ready to abide by any condition imposed by this Court. Hence, he prayed that the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) would submit that there are 12 accused and this petitioner, who is arrayed as A7, was arrested and remanded to judicial custody on 23.06.2024. Based 2/5

on the secret information, the respondent police party went to the place of occrrence near Moolakothalam Sudukaadu, Volley ball ground and at that time, one person in suspicious manner came in a vehicle bearing Registration No.TN04 BC 7970 and when the police intercepted and enquired, they found 8 grams of Methaphetamine with him and he is A1 in this case. A1 was arrested and remanded to judicial custody and based on his confession statement, other accused were arrested and materials were seized. Though there was recovery of intermediate quantity of materials initially, on investigation, it came to know that the accused have been indulged in huge transaction with consumers and other accused more than Rs.

25 lakhs for the purpose of attaining illegal gain from selling the above contraband, which comes under commercial quantity and therefore, the Sections were altered to Sections 8(c) r/w 22(c), 20(b)(ii)(A) and 27(A) of NDPS Act and hence he strongly opposed to grant bail to the petitioner. Further, the learned Government Advocate appearing for the State would submit that the case is under investigation.

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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 contraband recovered from this petitioner is a commercial quantity and investigation is not yet completed, I am declined to grant bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. 13.11.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs P.DHANABAL ,J mjs To

1. The Public Prosecutor, Madras High Court, Chennai. 2.The Inspector of Police, H-1 Washermenpet Police Station, Chennai.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai. 4/5

CRL.O.P. No.27016 of 2024 13.11.2024 5/5