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Madras High CourtCRL OP/31481/2024dismissed

Muthu v. The State Rep.By, The Inspector Of Police

2025-01-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31481 of 2024 Muthu Petitioner(s) Vs State rep. By The Inspector of Police, NIB-CID Salem Police, Salem District.Cr.No.29 of 2024) Respondent(s) For Petitioner(s):

C.Deepakkumar For Respondent(s):

Leonard Arul Joseph Selvam Government Advocate (criminal Side), madras High Court.

ORDER

Petition seeking bail in connection with Spl.C.C.No.104 of 2024 pending on the file of the Special Court for EC/NDPS Act, Salem, in connection with Cr.No.29 of 2024, registered for the offences punishable under Sections 8(c) r/w Section 20(b)(ii)(C) and Sections 25, 29(1) of NDPS Page No.1 of 4

Act, is on board for consideration.

2. Pleading innocence on the part of the petitioner/A2, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He would submit that there is no recovery from the petitioner and he is no way connected with A1 and A3. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with the other accused was found to be in illegal possession of 68 Kgs of ganja, which is a commercial quantity. He would submit that A1 to A3 are known to each other and that when A1 and A3 were traveling in a bike, the petitioner, on seeing the respondent police, left the contraband and ran away. He would also submit that the bike, bearing Reg.No.TN 19 D 5439, stands in the name of the petitioner. He would further submit that there are call records to show that A1, A2 and A4 were in constant touch. During the relevant period, the petitioner had made Page No.2 of 4

2567 calls with A2 and 1010 calls with A4 and submitted that the materials are available to pinpoint the role of the petitioner herein.

4. Perused the materials available on record, including the counter affidavit. Considering that the petitioner and the other accused are well known to each other and taking into account the contraband seized is a commercial quantity, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stand dismissed. 22.01.2025 Anu To

1. The Inspector of Police, NIB-CID Salem Police, Salem District 2.The Public Prosecutor Madras High Court A.D.JAGADISH CHANDIRA , J.

Anu Page No.3 of 4

22.01.2025 Page No.4 of 4