Madras High CourtCRL OP(MD)/488/2020dismissed

Abhinand v. The Inspector Of Police

2020-01-20Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.488 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.488 of 2020 Abhinand, ... Petitioner/Sole Accused Vs State through The Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.350 of 2019).

... Respondent/Complainant For Petitioner : Mr.R.Alagumani Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.350 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 23.10.2019, for the offences under Section 8(c) r/w. Section 22(c) of Narcotics Drugs and Psychotropic Substance Act, 1985, in Crime No.350 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. It is case of possession of what is known as LSD Stamp. The quantity of contraband is 0.630 milligrams. It is not in dispute that this is a commercial quantity. Therefore, the petitioner has to necessarily satisfy the twin test set out in Section 37 of NDPS Act. The petitioner's counsel states that the petitioner is not https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.488 of 2020 having any previous case. But he would contest the attribution of narcotic character to the contraband in question. If that be so, we will have to necessarily await the analysis report. Therefore, this criminal original petition is dismissed as premature at this stage. It is open to the petitioner to revive his bail petition after the final report is filed.

sd/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-969[I] dated 20/01/2020 )

ORDER

IN CRL OP(MD) No.488 of 2020 Date :20/01/2020 IAS AE/VR/SAR-I (23.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2